High Court of Malawi - 2015 February

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4 judgments

Citation	Judgment date
February 2015
Lazalo & Anor. v Stendala & Ors. (Misc. Civil Case 73 of 2012) [2015] MWHC 501 (27 February 2015)	27 February 2015
Vekeni v Malibwana (Land Appeal Case 40 of 2010) [2015] MWHC 515 (23 February 2015)	23 February 2015
Rural primary school teachers in Machinga and Balaka districts ex parte and others v S and Another (Miscellaneous Civil Application 4 of 2015) [2015] MWHC 518 (20 February 2015) Applicants granted leave for judicial review over alleged discriminatory non‑payment of rural hardship allowances; transfers stayed pending determination. Administrative law — Judicial review — Leave under Order 53 — Arguable case standard; Rural teachers’ hardship allowance — Alleged discriminatory implementation; Interim relief — Stay of postings pending determination; Time limits — Three-month rule and court strike justification.	20 February 2015
Kayira v S (Criminal Appeal Cause No. 73 of 2013) [2015] MWHC 432 (19 February 2015) Convictions for defilement and indecent assault upheld; sentences reduced as manifestly excessive. Criminal law – Defilement (s.138(1) Penal Code) – incapacity of girls under 16 to consent – burden of proof beyond reasonable doubt – Indecent assault (s.137(1)) – sentencing principles and reduction for manifestly excessive sentence – s.340(1) CP&EC non-custodial preference for first offenders	19 February 2015