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High Court of Malawi - 2020 February

12 judgments
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12 judgments
February 2020
Jackson v Navaya (Appeal Case 4 of 2020) [2020] MWHC 106 (28 February 2020)
28 February 2020
Makwinja v Basikolo & Anor. (Personal Injury Cause 191 of 2019) [2020] MWHC 126 (28 February 2020)
28 February 2020
Chiwambo v Mpinganjira & Ors. (Personal Injury Cause 1194 of 2006) [2020] MWHC 63 (26 February 2020)
26 February 2020
Masamba v Messa & Anor. (Personal Injury Cause 388 of 2018) [2020] MWHC 100 (26 February 2020)
26 February 2020
Namacha v Electoral Commission and Tambala (Election Cause 12 of 2019) [2020] MWHC 60 (18 February 2020)
18 February 2020
Namacha v Electoral Commission & Anor. (Election Cause 12 of 2019) [2020] MWHC 87 (18 February 2020)
18 February 2020
Namacha v Electoral Commission (Election Cause 12 of 2009) [2020] MWHC 200 (18 February 2020)
A withdrawal order awarding costs permitted the 2nd respondent to assess and recover costs despite the petitioner’s agreement with the 1st respondent.
  • Election petition — withdrawal and discontinuance — court order for costs consequent to withdrawal — scope of agreed costs between petitioner and first respondent — entitlement of joined 2nd respondent to assessment of costs.
18 February 2020
Chilima & Anor. v Mutharika & Ors. (Constitutional Reference 1 of 2019) [2020] MWHC 1 (12 February 2020)
Court dismissed respondents' applications to stay enforcement, addressing invalid oaths, Attorney General's role, and onus to obtain a stay.
  • Administrative and constitutional law — Suspension (stay) of enforcement of judgment — Order 28 r.48 CPR — Onus on party seeking stay — Validity of sworn statements and competent Commissioner for Oaths — Attorney General’s locus to represent respondent in subsequent appeals — Notice of appeal procedural requirements — Public interest in electoral remedies.
12 February 2020
Josophat v Prime Insurance Co Ltd (Personal Injury Cause 475 of 2018) [2020] MWHC 34 (12 February 2020)
12 February 2020
Siboni v Ngoloma & Anor. (Personal Injury Cause 179 of 2018) [2020] MWHC 54 (5 February 2020)
5 February 2020
Chilima & Anor. v Mutharika & Anor. (Constitutional Reference 1 of 2019) [2020] MWHC 2 (3 February 2020)
Court found pervasive irregularities in election administration, nullified the presidential result and ordered fresh elections within 150 days.
  • Electoral law — presidential election — management of polling, tallying and transmission — use of duplicate, tippexed and altered Form 66C tally sheets — preservation of polling records — role and duties of Electoral Commission under sections 76, 77 and 119 PPEA — standard and burden of proof in electoral petitions — interpretation of "majority of the electorate" under section 80(2) of the Constitution (majority = 50% + 1 of valid votes cast) — remedy: nullification and fresh election.
3 February 2020
Chilima & Anor. v Mutharika & Anor. (Constitutional Reference 1 of 2019) [2020] MWHC 9 (3 February 2020)
3 February 2020