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High Court of Malawi - 2017 October

13 judgments

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13 judgments


October 2017
Makadia t/a Oracare Dental Clinic v Registered Trustees of Medical Aid Society of Malawi (Civil Cause 645 of 2013) [2017] MWHC 909 (31 October 2017) A stay pending appeal was granted because enforcement would likely render the appeal nugatory and harm the respondent. Civil procedure — stay of execution pending appeal — discretion to grant stay where appeal would be rendered nugatory — applicant bears burden to show special circumstances, inability to repay, and balancing of equities.	31 October 2017
State and 1 other v Chihana (Judicial Review Cause 71 of 2015) [2017] MWHC 905 (31 October 2017)	31 October 2017
Edwin Soko v Joyce Soko (Civil Appeal 61 of 2011) [2017] MWHC 828 (30 October 2017) Division of matrimonial property: assets acquired during marriage are joint; sales and proceeds divided considering contributions and child custody. Family law — Distribution of matrimonial property — Assets acquired or improved during marriage form joint/matrimonial property; considerations: contribution, custody, income; sale and division of proceeds; allocation of movables; sale via Registrar due to animosity.	30 October 2017
Moyo v Moyo (Civil Cause 111 of 2014) [2017] MWHC 142 (30 October 2017) Court ordered sale of estate assets and equal distribution among the widow and four children under intestacy rules. Succession Law — Intestate Distribution — Fair distribution and protection of dependants under Section 17 of the Wills and Inheritance Act — Widow’s Rights — Retention of household belongings versus equal sharing of estate proceeds under Section 17(b)	30 October 2017
Chipwayila v Gondwe (Civil Appeal 3 of 2016) [2017] MWHC 141 (25 October 2017) Appellate court reversed magistrate and awarded disputed customary land to the appellant based on chiefs' evidence. Land Law — Customary Land — Determination of ownership — Weight of village chiefs' and customary authorities' evidence Civil Procedure — Appeal — Rehearing of evidence — Appellate court may reverse where lower court misdirected on weight of evidence	25 October 2017
R v Mapila (Criminal Case 29 of 2017) [2017] MWHC 821 (25 October 2017) Accused acquitted where evidence failed to connect him to a mob homicide; court criticised substandard police investigation. Criminal law — Homicide — Mob justice — Adequacy of police investigation — Evidence linking accused — Acquittal for lack of connection.	25 October 2017
Mbughi v Ghambi (Civil Appeal 34 of 2014) [2017] MWHC 143 (24 October 2017) Respondent’s long delay allowed the appellant to acquire permanent usage rights to customary land allocated by the chief. Land Law — Customary Land — Allocation and Right of Use and Occupation — Validity of chief’s allocation under Land Act ss 2, 25 and 26 — Evidence and Delay — Laches/Sitting on Rights — Delay in asserting customary land rights may defeat later claim if land was lawfully allocated and openly developed	24 October 2017
James Singo v Prime Insurance Co (Civil Cause 1190 of 2015) [2017] MWHC 863 (19 October 2017) Summary judgment granted where defendant failed to file opposing affidavit and alleged, unparticularised defence was a sham. Civil procedure — Summary judgment (Order 14 RSC) — Defendant must file affidavit with particulars of bona fide defence — General denial/sham defence insufficient — Unsubstantiated allegations do not defeat summary judgment.	19 October 2017
J.J.Makuluni v Ted Jailos & Another & Mulli Brothers (Civil Cause 835 of 2009) [2017] MWHC 880 (18 October 2017) Court refused dismissal for want of prosecution despite inordinate delay, ordering strict timelines to settle the record or face sanctions. Civil procedure — dismissal for want of prosecution — inordinate and inexcusable delay — case management — directions to settle record — stay of execution — sanction of vacatur and execution.	18 October 2017
Chikago and Another v Director of Anti Corruption Bureau (Civil Cause 33 of 2015) [2017] MWHC 910 (13 October 2017) Court finds ACB had reasonable and probable cause to arrest and prosecute; all claims dismissed with costs. False imprisonment; malicious prosecution; reasonable and probable cause; evidence of funds transfer and vehicle registration; plea bargaining and state witness arrangement; damages for reputation and loss of income.	13 October 2017
Masautso v R (Misc. Criminal Cause 58 of 2016) [2017] MWHC 850 (5 October 2017) Applicant's bail refused; court stressed 90-day pre-trial limit, burden of exceptional circumstances, and ordered committal and disclosure timeline. Criminal procedure — Bail applications — Pre-trial detention limit (section 161G, 90 days) — Burden on accused to show exceptional circumstances to depart from limit — State obligation to bring accused to trial and disclose witnesses — Legal aid funding and donor influence on interests of justice.	5 October 2017
Phiri v Reunion Insurance Company Limited (Personal Injury Cause 736 of 2014) [2017] MWHC 887 (2 October 2017) Timesheets are not mandatory for taxation of costs; their absence does not bar taxation proceedings. Civil procedure — Taxation of costs — Order 62 r.29 — Supporting documents — Whether timesheets are mandatory — Absence does not invalidate taxation.	2 October 2017
Lazaro & Anor. v Sitendala & Ors. (Civil Cause 73 of 2012) [2017] MWHC 834 (1 October 2017)	1 October 2017