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High Court of Malawi - 2017 October

13 judgments

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13 judgments

Citation	Judgment date
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) On intestacy, estate property must be fairly distributed between widow and children; court ordered sale and equal division of proceeds. Intestacy — application of Sections 16 and 17 Wills and Inheritance Act — fair distribution among widow and children — sale of estate property and equal division of proceeds — protection against hardship to dependants	30 October 2017
Chipwayila v Gondwe (Civil Appeal 3 of 2016) [2017] MWHC 141 (25 October 2017) Appellant established customary ownership; trial court misdirected itself; appeal allowed and permanent injunction granted to the appellant. Customary land – ownership and occupation – role and weight of village chiefs’ testimony – civil standard of proof (balance of probabilities) – appellate rehearing and misdirection by trial court	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) A GVH allocation and open development confer permanent usage rights where the owner delays asserting rights. Customary land – communal ownership – chiefs’ authority to authorize use and occupation – allocation by Group Village Headman – laches/sitting on rights – permanent rights of usage and occupation	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

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