High Court of Malawi - 2019 August

13 judgments

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13 judgments
Citation
Judgment date
August 2019
30 August 2019
21 August 2019
A court-ordered settlement is a consent judgment and can only be set aside by fresh proceedings showing fraud, mistake, or misrepresentation.
Civil procedure – Settlement agreements executed in court are deemed judgments – No appeal lies against such agreements – Setting aside requires fresh proceedings and proof of fraud, mutual mistake or misrepresentation – Consent-judgment principles apply to mediation settlements.
14 August 2019
13 August 2019
13 August 2019
Court awarded MK4,500,000 for four days' wrongful detention in poor police cell conditions.
False imprisonment — unlawful detention without charge — damages for loss of liberty, humiliation and mental suffering — quantification by comparable awards — overcrowded police cell — award MK4,500,000.
12 August 2019
The respondent unlawfully charged interest using an incorrect formula and on penalties, and breached the mandatory 42‑day reply duty.
Tax law — Rule 7 mandatory duty to file grounds and reply within 42 days; interest calculation — unlawful charging of interest before tax due; use of non‑statutory formula; interest to be computed on unpaid tax only; amendments operate prospectively; judicial review available for illegality issues.
9 August 2019
8 August 2019
8 August 2019
8 August 2019
8 August 2019
5 August 2019
5 August 2019