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High Court of Malawi - 2015

57 judgments
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57 judgments
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 for being manifestly excessive.
  • Criminal Law — Sexual Offences — Defilement and Indecent Assault — Consent irrelevant where complainant under 16 — Penal Code ss 138(1), 137(1)
19 February 2015
January 2015
Richard v R (None) [2015] MWHC 472 (11 January 2015)
Identification in daylight and close proximity supported conviction for aggravated robbery; ten‑year sentence not excessive.
  • Criminal Law — Robbery — Identification evidence and Turnbull warning — Quality of observation (daylight, proximity, duration)
11 January 2015
R v State President & Anor. (None) [2015] MWHC 439 (11 January 2015)
Court upheld the President’s discretion to appoint from a shortlisted panel; the appointment was not unlawful.
  • Constitutional Law
    • — Appointment of Public Officers — President’s discretion versus commission recommendation
    • — Gender Considerations in Appointments — Interaction with Gender Equality Act
  • Administrative Law — Judicial Review — Wednesbury unreasonableness and abuse of discretion
11 January 2015
R v Chief Secretary To The Government (Civil Cause 39 of 2015) [2015] MWHC 496 (1 January 2015)
Whether civil service redeployment without procedural fairness violates section 43 and sustains judicial review; deponent was competent.
  • Administrative law — civil service redeployment; procedural fairness and natural justice — section 43 Constitution; competence of deponent to affidavit; leave for judicial review — frivolous/vexatious and abuse of process.
1 January 2015