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High Court of Malawi - 2019 July

14 judgments

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14 judgments

Citation	Judgment date
July 2019
S & Ors v Makwiti & Anor (Judicial Review 92 of 2016) [2019] MWHC 132 (30 July 2019) A District Commissioner lacked power to constitute an appellate chiefs’ tribunal; the reinstatement decision was quashed as ultra vires. Administrative law – judicial review – Wednesbury unreasonableness; Chiefs Act – chieftaincy disputes; District Commissioner’s powers – ultra vires; certiorari; mandamus; locus standi.	30 July 2019
S v Ombudsman Ex Parte: Principal Secretary for Finance and Ors (Judicial Review 152 of 2016) [2019] MWHC 105 (30 July 2019) High Court enforces Supreme Court orders and convicts officials for contempt for failing to publish ordered apologies. Enforcement of appellate orders — High Court jurisdiction under Rule 20 — contempt of court for failure to comply with Supreme Court of Appeal directive to publish apologies — late, post-deadline compliance insufficient to cure contempt.	30 July 2019
NyaKumwenda v Electoral Commission & Anor. (Election Petition 23 of 2019) [2019] MWHC 107 (29 July 2019) Whether alleged electoral irregularities and post‑campaign inducements invalidated the MP election and whether the Electoral Commission neglected its duties. Election law – Parliamentary and Presidential Elections Act (PPE) – burden of proof on petitioner to prove irregularities and effect on result; Electoral Commission duties under s.76 Constitution and s.113 PPE; accreditation and role of party monitors; proved tallying negligence at a single polling station (Emazwini) but no prejudice to final result; annulment/re‑run requires proof of substantial effect on result	29 July 2019
Robert v Braziyo and Prime Insurance Co. Ltd (Personal Injury Cause 588 of 2018) [2019] MWHC 238 (15 July 2019)	15 July 2019
Robert v Braziyo & Anor. (Personal Injury Cause 588 of 2019) [2019] MWHC 186 (15 July 2019)	15 July 2019
Manuel v Mchekeni & Anor (Personal Injury Cause 498 of 2018) [2019] MWHC 130 (11 July 2019) Claimant awarded K4,800,000 for severe lower‑limb fractures, degloving injury, pain, loss of amenities and disfigurement; costs to claimant. Personal injury — assessment of damages — closed tibia/fibula fractures, open metatarsal fracture, degloving wound — hospitalisation and outpatient treatment — 50% incapacity — quantum for pain and suffering, loss of amenities and disfigurement — costs awarded to claimant.	11 July 2019
Ndakhala v Phiri & Anor. (Personal Injury Cause 176 of 2014) [2019] MWHC 108 (11 July 2019) Assessment of damages for claimant’s personal injuries resulting from a vehicle accident; award K2.5 million and costs. Personal injury — Assessment of damages — Pain and suffering, loss of amenities, disfigurement — Use of comparable awards to fix quantum — Award of K2,500,000 and costs to claimant.	11 July 2019
Thipiwa & Ors. v Electoral Commission (Election Cause 32 of 2019) [2019] MWHC 217 (11 July 2019)	11 July 2019
Dzilimbe v R (Criminal Case 117 of 2017) [2019] MWHC 115 (10 July 2019) Expiry of the 90‑day custody limit renders detention unlawful but does not automatically entitle the accused to bail; interests of justice prevail. Criminal procedure – statutory 90‑day custody limit (s161G) – effect of expiry of lawful custody – discretion to consider interests of justice – flight risk and strength of State evidence as grounds to refuse bail – court’s duty to expedite trial to prevent unlawful prolonged detention.	10 July 2019
Sauti v Electoral Commission (Electoral Matter 33 of 2019) [2019] MWHC 106 (9 July 2019) Petition filed after mandatory seven-day period was statute-barred; court struck it out and ordered each party to bear its own costs. Electoral law – computation of statutory seven-day period for election petitions – communication/ service date as trigger – General Interpretation Act and Civil Procedure Rules govern inclusion of weekends/public holidays – petitions filed after statutory period are statute-barred and subject to striking out; court cannot extend mandatory limitation.	9 July 2019
Sauti v Electoral Commission (Electoral Matter 33 of 2019) [2019] MWHC 131 (9 July 2019) An election petition filed after the seven‑day statutory period is statute‑barred and must be struck out. Election law – section 97 Local Government Elections Act – computation of the seven‑day limitation – General Interpretation Act and court rules – weekends/public holidays – statutory limitation and jurisdiction – condonation of late election petitions – striking out as incompetent.	9 July 2019
Jose (a minor suing through his next of kin, Sidrick Sauke) v Masamba and Prime Insurance Company Limited (Personal Injury Cause 1005 of 2019) [2019] MWHC 223 (8 July 2019)	8 July 2019
Maganga v Prime Insurance Co. Ltd (Personal Injury Cause 580 of 2011) [2019] MWHC 119 (3 July 2019) Court awarded K4,700,000 for severe head and soft‑tissue injuries, guided by comparable awards and currency devaluation. Personal injury — assessment of damages — non‑economic loss (pain and suffering, loss of amenities, disfigurement) — use of comparable awards and adjustment for currency devaluation.	3 July 2019
Namahala v Bisiweck (Civil Appeal 27 of 2011) [2019] MWHC 166 (3 July 2019)	3 July 2019

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