High Court of Malawi - 2020

158 judgments

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158 judgments
Citation
Judgment date
April 2020
24 April 2020
22 April 2020
22 April 2020
21 April 2020
21 April 2020
20 April 2020
Court granted ex parte permission and a seven-day interlocutory injunction restraining enforcement of the COVID-19 lockdown pending review.
Judicial review – Public Health (Corona Virus Prevention, Containment and Management) Rules 2020 – COVID-19 lockdown – Ex parte permission to apply for judicial review – Interlocutory injunction restraining enforcement pending hearing – Urgent hearing in open court.
17 April 2020
Amendment to Trials Without Jury Order validly applied retrospectively; no substantial prejudice shown, jury trial application dismissed.
Criminal procedure – Trial by jury – Ministerial Order adding offences triable without jury – Retrospective operation of subsidiary legislation – General Interpretation Act s18 – Procedural provisions and retrospectivity – Ultra vires challenge to delegated legislation – Fair trial prejudice assessment.
16 April 2020
9 April 2020
9 April 2020
9 April 2020
Court denied leave for judicial review, holding the DPRA valid for epidemics and college closure a lawful public-health measure.
Constitutional law – State of disaster vs state of emergency – Interpretation of section 32 DPRA and section 29(a) PHA – Limitation of rights and right to education – Judicial review leave and justiciability in public health emergency.
7 April 2020
6 April 2020
3 April 2020
Continuation of injunction to prevent expulsion where entry was refused without reasons amid challenged emergency measures.
:[
3 April 2020
2 April 2020
1 April 2020
March 2020
31 March 2020
30 March 2020
The applicant’s custodial sentence for theft was reduced to time served due to pregnancy and mitigating factors.
Criminal law – Sentencing – Pregnant woman and first offender – Failure to apply sections 339, 340 and 337 of the Criminal Procedure and Evidence Code – Preference for non-custodial measures (Bangkok Rules) – Review power to alter sentence.
27 March 2020
24 March 2020
23 March 2020
23 March 2020
19 March 2020
19 March 2020
19 March 2020
16 March 2020
13 March 2020
13 March 2020
13 March 2020
12 March 2020
Applicants may not discontinue a claim orally; discontinuance requires compliance with Order 12, rule 46 of the CPR.
Customary succession – rotation among royal families – disputed unilateral appointment by Traditional Authority and Village Headmen; injunction; discontinuance procedure – Order 12 r.46 CPR – notice and service required; oral application insufficient.
10 March 2020
5 March 2020
5 March 2020
4 March 2020
4 March 2020
4 March 2020
February 2020
28 February 2020
28 February 2020
26 February 2020
26 February 2020
18 February 2020
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
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
12 February 2020
5 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
3 February 2020
January 2020
31 January 2020