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High Court of Malawi - 2015 May

3 judgments
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3 judgments
May 2015
R v Dzimbiri (Criminal Re-hearing Cause 4 of 2015) [2015] MWHC 1 (31 May 2015)
A missing trial record does not bar sentence re-hearing; death sentence inappropriate where material circumstances remain uncertain.
  • Homicide sentence re-hearing — Missing or destroyed trial record — Court may proceed to re-sentence; s.260 CP&EC permits receiving external evidence to inform sentence — Cannot challenge conviction on re-hearing — Death sentence inappropriate where material circumstances uncertain — Youth, first offender status and time served as mitigating factors.
31 May 2015
EN v TN (Matrimonial Appeal Cause 4 of 2012) [2015] MWHC 512 (20 May 2015)
Court varied property award to recognise non-financial contributions, upheld instalment payment for village house, and maintained children’s maintenance order.
  • Family law — Divorce and ancillary orders — Fair distribution of matrimonial property — recognition of non-financial contributions; maintenance orders — assessment by reference to payer’s means and children’s best interests; instalment payments justified where payer lacks means; appellate review limited without fresh evidence.
20 May 2015
R v Adam & Anor. (Homicide (Sentence Rehearing) Cause No. 18A of 2015 ) [2015] MWHC 510 (8 May 2015)
8 May 2015