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High Court of Malawi - 2020 September

15 judgments
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15 judgments
September 2020
R (ota Gertrude Hiwa SC) v Office of the President & Ors. (Judicial Review 42 of 2020) [2020] MWHC 94 (25 September 2020)
25 September 2020
EM v UM (Matrimonial Cause 8 of 2019) [2020] MWHC 97 (23 September 2020)
Court limited property division to jointly held assets, recorded joint custody of the younger child, and ordered K300,000 monthly maintenance.
  • Family law — dissolution of marriage — ancillary relief — distribution of matrimonial property — only jointly held property or property with proven joint contribution is distributable; intention, conduct and contribution are decisive; inherited property excluded
  • Custody — joint custody of younger child recorded; no order for non‑issue older child
  • Maintenance — court fixes monthly maintenance at K300,000
  • Valuation — improvements to family business to be valued and split
23 September 2020
Hauya v Mapeto(DWSM) Limited (Personal Injury Cause 4 of 2019) [2020] MWHC 191 (21 September 2020)
Defendant's general denials breached CPR Order 7; court ordered both parties to amend pleadings to comply.
  • Civil procedure — Order 7 Rules 6 & 7 (defence must deal with each fact; no general denial) — Order 7 Rule 21 (pleading must state nature and amount of damages) — striking out vs amendment — overriding objective and equitable ‘clean hands’ principle.
21 September 2020
Kamwana v Attorney General (Civil Cause 423 of 2016) [2020] MWHC 64 (19 September 2020)
19 September 2020
R v Mhango (Criminal Case 99 of 2018) [2020] MWHC 187 (18 September 2020)
18 September 2020
Madula t/a Madula General Suppliers v Roads Authority & Anor. (Civil Cause 393 of 2015) [2020] MWHC 88 (10 September 2020)
Claimant awarded loss-of-business damages against the water board for negligent failure to reconnect paid water supply; building-ownership and property claims failed.
  • Tort — negligence — duty of care of utility provider to end-users after paid pipe relocation and reconnection — ownership and standing to claim for property damage — frustration/force majeure and tenant's remedies.
10 September 2020
Phiri and Others v Lilongwe City Council , Lilongwe Water Board and Malawi Housing Corporation (Judicial Cause 682 of 2017) [2020] MWHC 197 (9 September 2020)
Whether the respondents were liable for negligence and statutory breaches causing sewage contamination of the claimants' water.
  • Negligence — duty of care, foreseeability, proximity and causation; Breach of statutory duty (Public Health Act, Local Government Act, Consumer Protection Act, Malawi Housing Corporation Act); Rylands v
  • Fletcher — escape of sewage; Liability of public bodies for sewerage-related contamination; Striking out defences for non-appearance; Class/collective consumer action
9 September 2020
Phiri & Ors. v Lilongwe City Council & Ors. (Civil Cause 682 of 2017) [2020] MWHC 169 (9 September 2020)
Local authority and landlord held liable for negligence and statutory breaches after sewage contaminated consumers' water.
  • Negligence — duty of care to maintain sewer and water infrastructure; breach of statutory duties — Public Health Act, Local Government Act, Consumer Protection Act; contamination of potable water; Rylands v Fletcher principle; striking out defences for non‑appearance; damages and costs, assessment by Registrar.
9 September 2020
Phiri & Ors. v Lilongwe City Council & Ors. (Judicial Review 682 of 2017) [2020] MWHC 50 (9 September 2020)
Claimants succeed against local authority and housing corporation for negligence and statutory breaches causing sewage-contaminated drinking water.
  • Negligence; breach of statutory duty; consumer protection and public health obligations; local authority and housing corporation liability; contamination of drinking water; causation; Rylands v Fletcher principle; striking out defences for non-appearance.
9 September 2020
Washa v Illovo Sugar Malawi Ltd (Personal Injury Cause 350 of 2017) [2020] MWHC 145 (8 September 2020)
8 September 2020
R v Chanthunya (Criminal Case 11 of 2018) [2020] MWHC 32 (4 September 2020)
4 September 2020
R v Juma (Criminal Case 29 of 2019) [2020] MWHC 33 (4 September 2020)
4 September 2020
R (oao Kathumba & Ors.) v President of Malawi & Ors. (Constitutional Reference 1 of 2020) [2020] MWHC 29 (3 September 2020)
3 September 2020
Chimulirenji v Bonongwe (Civil Cause 736 of 2020) [2020] MWHC 31 (1 September 2020)
Interlocutory injunction refused as damages adequate and interim relief would effectively grant applicant the final remedy.
  • Interlocutory injunctions — American Cyanamid triable issue test — adequacy of damages — balance of convenience — defamation and trespass — refusal where interim relief would grant substantive relief.
1 September 2020
Simwaka v Ng'ambi & Ors. (Civil Cause 113 of 2017) [2020] MWHC 174 (1 September 2020)
1 September 2020