|
Citation
|
Judgment date
|
| October 2021 |
|
|
The respondent's arrest and prosecution of the applicant was justified where police had reasonable and probable cause.
False imprisonment; malicious prosecution; defamation; reasonable and probable cause; acquittal not conclusive; civil standard of proof; police reliance on complainant's report and third‑party confirmation.
|
28 October 2021 |
|
Employer liable for negligence and breach of statutory safety duties after employee injured by foreseeably risky machine setup.
Employer’s duty of care; Occupational Safety, Health and Welfare Act s13; unsafe machinery/setup; provision of protective equipment; employee contributory negligence; res ipsa loquitur inapplicable; damages assessed by Registrar.
|
28 October 2021 |
|
Driver turning into a junction without ensuring road was clear found negligent; insurer liable to third‑party claim despite unpleaded licence defence.
Road traffic – Negligence – Duty of driver to ensure safe turning and keep lookout; Contributory negligence – burden and requirement to call evidence; Insurance – insurer liability to third parties where policy defences not pleaded; Pleadings – matters not pleaded cannot be relied on at trial.
|
28 October 2021 |
|
Assessment of damages for the applicant's road-traffic injuries; special damages denied for lack of proof.
Personal injury — Road traffic accident — Assessment of general damages for pain and suffering, loss of amenities and disfigurement — Quantum guided by comparable cases and currency devaluation; Special damages require specific pleading and proof; Court may assess damages where defence struck out and respondent fails to file submissions.
|
28 October 2021 |
|
Court assessed damages for the applicant’s deceased using minimum‑wage multiplicand, multiplier, and a 35% contributory‑negligence reduction.
Damages — wrongful death; loss of expectation of life; loss of dependency — multiplicand/multiplier method; use of statutory minimum wage where no earnings proven; life expectancy and multiplier; requirement of proof for special damages; application of contributory negligence to award.
|
28 October 2021 |
|
Leave to apply for judicial review refused where counsel's neglect and applicant's unauthorised occupation of public land made restoration unjustified.
Judicial review — restoration of leave after discharge for non-attendance — excusable mistake v deliberate neglect — unauthorised occupation of public land — prospects of success on retrial — prejudice and public policy — costs.
|
28 October 2021 |
|
Default judgment refused because summons and Form 2 were served by email without court-authorised substituted service.
Service of process – summons and response in Form 2 require personal service unless Court authorises substituted service – email service without sanction is ineffective – default judgment refused – Orders 5 r7, 8 r3, 8 r20, 12 r6; irregularity and Order 2 r3.
|
27 October 2021 |
|
Failure to alert an unrepresented accused to the s138(1) statutory defence is not fatal absent evidence of a reasonable belief the girl was 16+.
Criminal law — Defilement (s138(1) Penal Code) — Statutory proviso defence of reasonable belief that complainant was 16+ — Duty to alert unrepresented accused at plea-taking only in rare cases — Failure to alert not fatal where no evidence of such belief.
|
25 October 2021 |
|
Appellant failed to prove a three‑year, time‑limited customary allocation; respondent’s allocation stood and the appeal was dismissed.
Customary land – Land Act ss.25–26 – Chief’s power to allocate – Temporary allocation alleged – Burden of proof on balance of probabilities – Absence of written term or proven custom to remove occupant – Appeal dismissed.
|
25 October 2021 |
|
Acquittal upheld on reasonable mistaken belief of age; court rejects sexual history and illegal child marriage as justifications.
Criminal law — Defilement (statutory rape) — Mistake of age defence under s.138(1) — Evidence of age: representations, bodily appearance, sexual history — Child marriage unlawful — Voir dire for witnesses of 'tender years' — Judicial judgment-writing standards — Legislative concern about overcriminalisation and close-in-age exceptions.
|
25 October 2021 |
|
Review court upheld acquittal where complainant’s representation and appearance could reasonably support a mistake-of-age defence, while rejecting parental support and sexual history as lawful grounds.
Criminal law — Defilement/statutory rape — Mistake of age defence — Competency of adolescent witnesses — Illegality of child marriage — Sexual history not determinative of age — Overcriminalisation of consensual adolescent sex.
|
25 October 2021 |
|
Interlocutory injunction denied where disputed ownership and long uninterrupted possession favoured maintaining the status quo.
Interlocutory injunctions – land disputes – test for injunction: serious question to be tried; inadequacy of damages; balance of convenience/status quo – res judicata and long undisturbed possession.
|
23 October 2021 |
|
|
22 October 2021 |
|
|
22 October 2021 |
|
The applicant awarded MK2,006,000 for pain, suffering and loss of amenities; claims for earnings and disfigurement denied.
Personal injury – assessment of damages – pain and suffering – loss of amenities of life – disfigurement – loss of earnings and earning capacity – proof of special damages – restitutio in integrum – costs follow the event.
|
21 October 2021 |
|
Claimant awarded loss-of-bargain damages and substantial compound interest after defendant's wrongful forfeiture and unchallenged valuation.
Property law — breach of contract and wrongful forfeiture of lease — measure of damages (loss of bargain) — acceptance of unchallenged valuation evidence — compound pre-judgment interest calculated at National Bank of Malawi lending rate.
|
20 October 2021 |
|
Claimant awarded MK4,960,854.40 for personal injuries and destroyed vehicle caused by defendant’s negligent driving.
Assessment of damages – personal injury (pain and suffering, incapacitation, loss of amenities, disfigurement) – vehicle destroyed by fire – restitution in integrum – quantum determined by comparable local precedents – default judgment enforcement.
|
20 October 2021 |
|
Assessment of damages for police assault and false imprisonment; MK4,000,000 awarded plus costs.
Police assault and false imprisonment — assessment of damages — medical evidence supporting injury — comparative authorities used to quantify award — exemplary damages not justified.
|
20 October 2021 |
|
Whether the applicant's mental illness was caused by the accident and what damages are recoverable.
Personal injury — causation of psychiatric/neuro-cognitive injury — assessment of damages for head and soft-tissue injuries — strict proof of special damages — effect of contributory negligence on quantum.
|
19 October 2021 |
|
Withholding court-martial records denied the claimants’ constitutional right to appeal and warranted compensatory damages.
Constitutional law — right of appeal and access to courts — withholding of court-martial record — denial of appeal — damages for deprivation of appellate remedy; limitation and mitigation considerations; proof required for special damages.
|
18 October 2021 |
|
Customary land cannot be transferred without proper customary authority; respondent family’s ownership was upheld.
Customary land — ownership and administration — transfers require customary authority of chiefs; civil burden of proof (balance of probabilities); appellate re-evaluation of credibility; validity of alleged sale to religious organization.
|
14 October 2021 |
|
Court holds family occupation and chief allocation prevail over later claimant's contradictory purchase claims.
Customary land — ownership dispute — first occupation and allocation by village head/chief — credibility of oral evidence — absence of valid customary transfer to later claimant.
|
14 October 2021 |
|
Claimant awarded MK3,015,000 for personal injury: pain, disfigurement, and proven special damages.
Personal injury — Assessment of damages — Pain and suffering and loss of amenities — Disfigurement and permanent incapacity — Special damages must be specifically pleaded and strictly proven — Restitutio in integrum and reliance on comparable awards.
|
13 October 2021 |
|
Claimants awarded MK5,000,000 for nuisance (noise/waste) and party-and-party costs.
Nuisance — damages for inconvenience and injury to quietness — assessment factors: duration of disturbance, public authority acquiescence, mitigation — award of party-and-party costs.
|
13 October 2021 |
|
Whether police negligently shot an innocent civilian during crowd dispersal, breaching duty of care and constitutional rights.
Police use of force – crowd dispersal – use of live ammunition – negligence and duty of care – Police Act limits on firearms (warning, necessity) – breach of constitutional rights to life, liberty and dignity – causation on balance of probabilities.
|
13 October 2021 |
|
Claimant awarded MK6,000,000 for dependency and life-expectancy losses following a fatal road accident.
Damages — Assessment of quantum for loss of dependency and loss of expectation of life — Restitutio in integrum — Use of comparable authorities where deceased’s earnings not proved — Default judgment and assessment in absence of defendant.
|
12 October 2021 |
|
Court held death penalty discretionary and imposed 30 years (26 years after remand credit) for a premeditated murder.
Criminal law — Murder — Sentencing discretion; mandatory death penalty no longer applicable — Mitigating factors (first offender; guilty plea) versus aggravating factors (premeditation; weapon) — Fixed term sentence with remand credit.
|
12 October 2021 |
|
Conviction for defilement affirmed despite charging irregularity pointing to incest; 20-year sentence upheld as appropriate.
Criminal law – Defilement v
Incest – charging irregularity where victim is accused's child – requirement of DPP sanction for incest (s160) – curability of defects under s3 Criminal Procedure and Evidence Code – sentencing discretion; aggravating factors including victim pregnancy and parent-child relationship
|
12 October 2021 |
|
Claimants failed to show a legitimate expectation or unlawful process in exclusion from graduation or the virtual graduation decision.
Administrative law – judicial review – limits of reviewing merits – legitimate expectation to graduate – procedural fairness – Wednesbury unreasonableness – Public Health Rules 2020 limiting gatherings – university discretion to determine graduands and mode of congregation.
|
12 October 2021 |
|
Claimants failed to show procedural unfairness or entitlement; virtual graduation and exclusion of pending-supplementary students were lawful.
Administrative law — judicial review — procedural fairness and legitimate expectation; University graduation scheduling — exclusion of students pending supplementary exams; Public Health Rules 2020 — virtual ceremonies justified by pandemic restrictions; limits of judicial review (process vs merits).
|
12 October 2021 |
|
Recent possession plus a corroborated confession justified burglary and theft convictions; sentences confirmed despite informal reference to prior convictions.
Criminal law — recent possession of stolen property and confession as corroborative pointers — admissibility and weight of caution statements — alternate verdict of receiving — sentencing and use of prior convictions.
|
11 October 2021 |
|
The applicant awarded MK6.5m damages and MK2m costs for defamation, false imprisonment and privacy breach after unlawful search.
Defamation (slander) – false imprisonment – breach of privacy – warrantless entry and search – exemplary damages – assessment of quantum – award of costs.
|
9 October 2021 |
|
An application for judgment on admission is incompetent unless proceedings have been commenced by a summons setting out the claim.
Civil procedure – commencement of proceedings – summons required under Order 5 Rule 1 – Order 12 judgment on admission presupposes existing proceedings – judgment on admission cannot be entered absent a summons commencing the claim.
|
8 October 2021 |
|
Notice for assessment of costs dismissed as time‑barred under Order 31 Rule 12; incorrect rule citation was curable.
Civil procedure — Assessment of costs — Order 31 Rule 12 (three‑month filing period; filing at conclusion; extension or early filing permitted) — Order 10 Rule 1 — irregularity curable — notice for assessment dismissed as time‑barred.
|
8 October 2021 |
|
Permission to seek judicial review refused as challenge to Committee’s consultative public hearings was premature; Committee acted within Standing Orders.
Parliamentary committees — Standing Orders 159, 150(2), 170(1) — jurisdiction to investigate administration of law and hold public hearings; consultative process; prematurity of judicial review; rights of audience for legal assistants/paralegals.
|
7 October 2021 |
|
Claims for false imprisonment, malicious prosecution, defamation and special damages dismissed for lack of reasonable cause or proof.
False imprisonment – arrest on complainant’s report; police reasonable suspicion and 48-hour detention rule.
|
6 October 2021 |
|
|
5 October 2021 |
|
Assessment of damages for medical negligence after failed anaesthetic causing permanent loss of sight; awards calibrated by precedent.
Medical negligence — assessment of damages — failed anaesthetic leading to permanent loss of sight — heads: pain and suffering, loss of amenities, future medical expenses, exemplary and special damages — quantification guided by precedent and proportionality.
|
4 October 2021 |
|
Assessment of damages for road traffic injuries: global award for pain, suffering, disfigurement and partial loss of earning capacity; special damages denied.
Road traffic personal injury – assessment of damages – pain and suffering; loss of amenities; disfigurement; loss of earnings/earning capacity – special damages must be specifically pleaded and strictly proven – quantum guided by comparable local awards.
|
4 October 2021 |
| September 2021 |
|
|
The claimant's interlocutory injunction was upheld: serious questions existed, damages were inadequate, and procedural noncompliance was not fatal.
Interlocutory injunction — American Cyanamid test — serious question to be tried — damages inadequate — balance of convenience — abuse of process and procedural non‑compliance not fatal.
|
29 September 2021 |
|
|
28 September 2021 |
|
|
28 September 2021 |
|
Malicious prosecution claim succeeds due to lack of probable cause; cruel and degrading treatment claim fails for lack of evidence.
Malicious prosecution – absence of reasonable and probable cause and malice; evidentiary shortcomings (missing medical witness, weak identification) vitiating probable cause – Claim for cruel, inhuman and degrading treatment requires specific evidence and particulars; quantum to be assessed by Registrar.
|
24 September 2021 |
|
|
24 September 2021 |
|
|
24 September 2021 |
|
Earlier-registered title prevails; state must indemnify innocent purchaser where Land Register error misled them.
Land law – registered title priority – qui prior est tempore potior est iure – duplicate/erroneous title deeds – rectification of Land Register – state indemnity for registry errors (Registered Land Act s.140) – innocent purchaser – trespass.
|
23 September 2021 |
|
Claimant’s workplace personal-injury suit was time-barred; acknowledgment provisions for land/debt do not revive personal-injury claims.
Limitation of actions – personal injury/negligence – three-year limitation under Limitation Act proviso; sections 22–23 (acknowledgement/part payment) do not revive personal injury claims; Workers Compensation Act – 12‑month limitation for workers’ compensation; unproven casual-worker allegation.
|
22 September 2021 |
|
Whether customary succession and chiefs' determinations establish the rightful heir to the chieftaincy.
Chiefs Act s.4 – customary succession – Chewa matrilineal succession – consensus of chiefs and elders – weight of commissions of enquiry and chiefs' reports – challenge to presidential appointment of a chief.
|
22 September 2021 |
|
|
22 September 2021 |
|
|
22 September 2021 |