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High Court of Malawi - 2017 March

12 judgments

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12 judgments

Citation	Judgment date
March 2017
Mithi v Chikhasu & Ors. (Misc. Civil Cause 72 of 2016) [2017] MWHC 814 (31 March 2017) Whether respondents committed contempt by harvesting sugarcane during an extant interlocutory injunction. Civil procedure – contempt of court – breach of interlocutory injunction – proof beyond reasonable doubt and mens rea required – discretionary sanctions: fine with default imprisonment – assessment and payment of proceeds into court.	31 March 2017
Iman v Republic (Miscellaneous Criminal Case 20 of 2017) [2017] MWHC 923 (30 March 2017) Detention beyond statutory remand periods without imminent trial is unlawful; court ordered a timetable and trial date to remedy delay. Criminal procedure — remand periods — s161F & s161G — illegal detention where trial not imminent — prosecutorial delay and funding constraints — court-ordered timetable to compel prompt trial.	30 March 2017
R v Mponda (Child Criminal Review Case 8 of 2017) [2017] MWHC 114 (29 March 2017) Improper case assignment and failures in child-witness procedure rendered the trial a nullity; retrial ordered with protective measures. Administrative impropriety in case assignment; child-witness protections — in camera hearings, voir dire for competency, unsworn evidence and corroboration; pre-recorded interviews admissibility; disciplinary accountability for judicial officers.	29 March 2017
Mwasi and Others v Malawi Revenue Authourity (Civil Appeal 13 of 2015) [2017] MWHC 904 (27 March 2017) Application to suspend enforcement dismissed for being improperly brought under Order 28 r.48 absent enforcement proceedings. Civil procedure — Stay/suspension of enforcement — Order 28 r.48 CPR — enforcement order required before suspension application — threshold competence — procedural dismissal.	27 March 2017
Chinkwende & Anor. v Chinkwende (Probate Cause 757 of 2016) [2017] MWHC 68 (15 March 2017) High Court has jurisdiction to distribute intestate estates; absent proven special circumstances, spouse and children receive adjusted fair shares (29%, 29%, 32%, 5%, 5%). Probate/Intestate succession – High Court jurisdiction under Deceased Estates Act – s.17 fair distribution principles – "special circumstances" to depart from equal shares – weight of intestate's terminal-benefits allocation and proof of spousal/third-party contributions – consideration of children's ages and parents' medical needs.	15 March 2017
Pensulo & Anor. v United General Insurance Company Limited (Civil Cause 592 of 2015) [2017] MWHC 70 (13 March 2017) Both applicant and respondent found negligent; damages apportioned equally and respondent insurer liable for half. Road traffic law – negligence in overtaking – duty of care of driver – contributory negligence by cyclist – apportionment of liability 50:50 – insurer’s direct liability under Road Traffic Act – limited weight of police report/opinion.	13 March 2017
Chumachiyenda v Easypack Limited (Personal Injury 375 of 2013) [2017] MWHC 64 (10 March 2017) Proceedings stayed until taxation and payment of costs owed by the plaintiff following a consent discontinuance. Civil procedure – stay of proceedings – discontinuance by consent – enforceability of unsigned (unendorsed) consent order – Order 21 r5 – taxation and payment of costs.	10 March 2017
Chimbanga v R (Criminal Case 3 of 2016) [2017] MWHC 59 (6 March 2017) Bail and stay pending appeal denied where medical report is admissible as a whole and appeal lacks real prospects. Criminal procedure – bail pending appeal; stay of sentence – refusal where appeal lacks real prospects Evidence – medical report admissible as a whole; challenges to complainant's age must be raised at trial	6 March 2017
Helani v Hawken & Ors. (Personal Injury 808 of 2011) [2017] MWHC 61 (6 March 2017) Administrator appointed after suit commenced cannot recover loss of expectation of life; dependency and funeral costs awarded and apportioned. Civil damages — Wrongful death; administrators' title to sue — letters of administration must precede commencement to claim loss of expectation of life; loss of dependency assessed by multiplicand/multiplier (domestic worker wage; multiplier 35); special damages require strict proof; apportionment among dependants.	6 March 2017
Kholomana & Anor. v Mtuwa & Anor. (Personal Injury 1077 of 2014) [2017] MWHC 60 (6 March 2017) The applicants’ claim succeeds: driver negligent for failing to keep distance and insurer liable under section 65A. Road traffic — Driver's duty of care — Failure to keep proper distance and control speed — Negligence established on balance of probabilities; Insurance — Section 65A Road Traffic Act — Right of injured party to proceed against insurer.	6 March 2017
Makasu v Teputepu (Criminal Case 7 of 2017) [2017] MWHC 62 (1 March 2017) Re-sentencing after delayed re-hearing: death and life sentences inappropriate; long determinate terms imposed due to missing record and mitigation. Re-sentencing after Kafantayeni order – missing trial record – death-row phenomenon as mitigation – appropriateness of death or life sentences – balancing aggravating (murder during robbery, group, premeditation) and mitigating factors (delay, incarceration conditions, age, prior convictions, good conduct).	1 March 2017
Simon & Ors. v Attorney General (Constitutional Referral 9 of 2015) [2017] MWHC 63 (1 March 2017) Applicant’s standalone certification to challenge the corroboration rule was refused as it would amount to an indirect review of concluded criminal cases. Constitutional procedure – Section 9 certification – whether Chief Justice may certify standalone referrals – corroboration rule in sexual offences – finality of criminal proceedings – need to regulate referrals.	1 March 2017

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