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High Court of Malawi - 2015 March

4 judgments
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4 judgments
March 2015
Kalua v S (None) [2015] MWHC 440 (29 March 2015)
Conviction for defilement upheld on corroborated child and medical evidence; sentence reduced from ten to eight years.
  • Criminal Law
    • — Sexual Offences — Defilement of a girl under 16 — Corroboration of unsworn child evidence and medical evidence
    • — Sentencing — First offender and advanced age — Whether a 10-year term is manifestly excessive
29 March 2015
Lorgat and 1 other v NBS Bank Limited and 2 others (Land Cause 39 of 2013) [2015] MWHC 519 (26 March 2015)
Whether a trustee can validly encumber trust land without co‑trustee consent and whether originating summons is appropriate.
  • Registered Land Act ss 60(1) & 96(1)(a) — trustee’s power to create charges; validity of surety charge without co‑trustee consent; rectification of land register for mistake or fraud; appropriateness of originating summons where core facts and credibility are contested.
26 March 2015
Mzembe v Kachepa & Ors. (Civil Cause 5542 of 2010) [2015] MWHC 506 (24 March 2015)
Court granted instalment payments, stressing full disclosure and cautious exercise of discretion in judgment-debt applications.
  • Payment of judgment-debt by instalments; discretion; full, frank and honest disclosure; balancing creditor's right to immediate recovery and debtor's inability; trading debts; statutory interest 5% p.a.
24 March 2015
S v Council, University of Malawi|Ex Parte: University of Malawi Workers Trade Union (Misc. Civil Cause 1 of 2015) [2015] MWHC 493 (2 March 2015)
Whether the applicant's challenge to strike legality and pay deductions raises public law issues suitable for judicial review.
  • Administrative Law — Judicial Review — Discharge of ex parte leave — High threshold to set aside leave where substantive application would clearly fail
  • Labour Law — Strike Law — Authority to declare strike illegal — Public law question amenable to judicial review
  • Constitutional/Procedure — Jurisdiction — High Court original jurisdiction over labour matters under Section 108(1) — Exercise sparingly where public importance warrants
2 March 2015