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High Court of Malawi - 2019 June

17 judgments
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17 judgments
June 2019
Bisiwasi v Prime insurance Co Ltd (Personal Injury Cause 1085 of 2013) [2019] MWHC 157 (27 June 2019)
27 June 2019
kamwendo and Kamweno (as administrators of the estate of Ben Kamwendo (deceased)) v Kamwendo (Civil Appeal Cause 4 of 2019) [2019] MWHC 243 (26 June 2019)
26 June 2019
VH Chibathi v GVH Makwale & Ors. (Personal Injury Cause 281 of 2017) [2019] MWHC 167 (26 June 2019)
26 June 2019
Nansongole v National Bank of Malawi (Civil Cause 14 of 2016) [2019] MWHC 122 (24 June 2019)
Assessment of damages after unfair dismissal: employer's refusal to reinstate triggers statutory 12‑week award; lost salary, bonus and pension to judgment awarded.
  • Employment law — unfair dismissal — reinstatement order not complied with — assessment of damages — section 63 Employment Act — special 12‑week award — lost salary and withheld bonuses — pension contributions to date of judgment — burden of proof; employer's duty to produce payroll records.
24 June 2019
Mpando v Mpando (Matrimonial Cause 11 of 2019) [2019] MWHC 133 (21 June 2019)
Divorce granted for cruelty; young child's custody awarded to mother based on best interests despite customary lobola claims.
  • Jurisdiction under the Marriage, Divorce and Family Relations Act 2015 — application of corresponding provisions to repealed enactments; Divorce — irretrievable breakdown via cruelty (repeated beatings; domestic violence plea); Child custody — best interests paramount, statutory preference for mother of young child; Customary lobola does not override child's welfare.
21 June 2019
Chilipsya v AG (Civil Cause 49 of 2017) [2019] MWHC 92 (20 June 2019)
The defendant negligent for failing to carry an extinguisher and stop timely; claimant 80% contributorily negligent for loading a hot mini-cooker.
  • Negligence — duty of care in employer-provided transport; res ipsa loquitur inapplicable where plausible alternative cause exists; contributory negligence for loading hot appliance; failure to carry extinguisher and to stop promptly as negligent omissions; special damages require strict proof.
20 June 2019
Phiri v Phiri (Matrimonial Cause 1 of 2018) [2019] MWHC 230 (20 June 2019)
20 June 2019
Blantyre City Council v Registererd Trustees of the Malawi Congress Party (Revenue Cause 9 of 2018) [2019] MWHC 255 (14 June 2019)
14 June 2019
Dr. Jessie Kabwira v Malawi Electoral Commission & Anor (Electoral Case 40 of 2019) [2019] MWHC 69 (13 June 2019)
A parliamentary election petition grounded on sections 100 and 114(1) was misconceived; s100 applies only to presidential petitions and s114(1) requires a Commission decision on irregularity.
  • Electoral law — Parliamentary elections — Proper statutory basis for election petitions — Section 100 applies only to Presidential petitions; Section 114(1) permits appeals only against Commission decisions confirming or rejecting irregularities; failures under section 113 may require judicial review, not appeal under s114.
13 June 2019
Kanjosolo v Shoprite Trading Ltd & Anor. (Revenue Cause 13 of 2017) [2019] MWHC 173 (13 June 2019)
13 June 2019
Ellen Kadango & Ors v The Electoral Commission (Electoral Case 6 of 2019) [2019] MWHC 71 (12 June 2019)
A s.114 election appeal requires a prior Commission decision; absent that, the petition was misconceived and dismissed.
  • Electoral law — Parliamentary elections — s.114 appeal limited to decisions of the Electoral Commission on complaints — s.113 complaints procedure — distinction from presidential petitions (s.100) — jurisdiction and judicial review — procedural compliance (CPR).
12 June 2019
Kalilani & 8 Others v Jiva & 10 Others (Electoral Case of 2019) [2019] MWHC 261 (12 June 2019)
A section 114 election petition is incompetent absent a prior Commission decision on the alleged irregularity.
  • Electoral law; s.114 Parliamentary and Presidential Elections Act — appeal lies only from a Commission decision confirming/rejecting irregularity; complaints under s.113 required first; judicial review distinct remedy; grounds for voiding election limited to s.114(3).
12 June 2019
R v Richard Mayeso & Ors (Criminal Case 51 of 2017) [2019] MWHC 101 (11 June 2019)
Admissibility of a deceased witness's statement and whether the accused have a prima facie case to answer.
  • Criminal procedure — Admissibility of written statements of unavailable/deceased witnesses — Sections 173 and 175 CP&EC — Right to a fair trial and to challenge evidence — 'Case to answer' test (whether a reasonable tribunal might convict).
11 June 2019
R v Malawi Electoral Commission & Anor.|Ex parte: Ellock Banda (Election Cause 13 of 2019) [2019] MWHC 103 (5 June 2019)
Misnaming the Electoral Commission is not fatal; applicant may amend, judicial review permitted, interlocutory injunction to restrain swearing-in refused.
  • Administrative law — judicial review of electoral decisions; procedural irregularity of party citation — misnaming and estoppel; interlocutory relief — restraint on swearing-in of declared MP; election law — judicial review versus election petition; procedural requirements for urgent oral applications.
5 June 2019
Chikaluma (Suing on behalf of Vanessa Chikabwera and Evelyn Medi, Minors) v Malikebu and Prime Insurance Company Limited (Personal Injury Cause 775 of 2018) [2019] MWHC 252 (4 June 2019)
4 June 2019
R v Mwale and 3 Others (Criminal Case 90 of 2018) [2019] MWHC 254 (4 June 2019)
Court convicted three accused of murder and conspiracy; acquitted them of selling/possession of human tissue; fourth accused acquitted on alibi.
  • Criminal law — Murder and conspiracy to kill a person with disability — Admissibility and weight of retracted confessions when corroborated — Alibi not challenged — Insufficient proof of possession/sale of human tissue.
4 June 2019
Leonard [Suing on her own behalf as wife of the deceased and on behalf of other dependents of Leonard Mofolo (Deceased)] v Kapenda and ORS (Personal Injury Cause 392 of 2016) [2019] MWHC 233 (3 June 2019)
3 June 2019