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Citation
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Judgment date
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| June 2021 |
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A trial court need not give reasons when finding the applicant has a case to answer.
Criminal procedure – Section 254 CP&E Code – finding of a case to answer – no statutory duty to give reasons when directing accused to make defence – review jurisdiction and non-interference with ongoing subordinate court proceedings.
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15 June 2021 |
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Leave granted to seek judicial review of COVID-related restrictions; injunction dismissed; police dismissal overturned for procedural unfairness.
Judicial review – Public health measures – Partial lockdown and restrictions on trade and movement – Amenability to judicial review – Lawfulness and procedural fairness; Interlocutory injunction – requirement for separate application and supporting affidavit; Administrative law – disciplinary proceedings – procedural fairness, inadequate notice, internal interference, functus officio; Ultra vires and parliamentary oversight – Public Health Amendment Rules.
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15 June 2021 |
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Leave for judicial review refused where no recorded hospital decision, no medical evidence under s.243, and alternative remedies available.
Administrative law – leave to apply for judicial review – necessity of a recorded public decision; Abortion law – section 243 Penal Code exception for operations to preserve mother's life; Alternative remedies – criminal prosecution and child maintenance bars to review; Wednesbury unreasonableness; Onus on applicant to produce medical evidence.
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15 June 2021 |
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Leave for judicial review refused where no hospital decision to deny termination was recorded and alternative remedies existed.
Judicial review — leave to apply — requirement of a justiciable public decision; Penal Code s243 exception — onus to show risk to mother's life/health; locus standi; alternative remedies (criminal prosecution, child maintenance); abuse of process.
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15 June 2021 |
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Section 46 requires the Commissioner to refer questions of law to the High Court on request; refusal is irrational, mandamus granted.
Workers Compensation Act s46 – mandatory duty to state a special case to the High Court on request; judicial review – Wednesbury unreasonableness; mandamus to compel statutory duty; distinction between case stated and appeal procedures.
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15 June 2021 |
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Adoption authorized after court found statutory requirements, valid consents, and best interests of the child satisfied.
Adoption law – Adoption of Children Act requirements – child’s age and residency – petitioners’ age and marital status – consent of persons with parental interest – Guardian ad Litem recommendation – best interests of the child – prohibition on payment for adoption.
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14 June 2021 |
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Subordinate court may distribute matrimonial property as ancillary to dissolving a customary marriage; distribution depends on intention and contributions.
Family law – Dissolution of customary marriage – Ancillary power of subordinate court to distribute matrimonial property notwithstanding statutory monetary limits – Distribution based on intention and contribution (Sikwese v Banda) – Pre-Act marriages and inapplicability of section 74 – Credibility findings and evidential assessment.
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14 June 2021 |
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Costs assessed on the standard basis: counsel’s K40,000 hourly rate allowed, several claimed hours reduced as disproportionate.
Civil procedure — Assessment of costs — Standard basis where order silent — Proportionality and reasonableness of hours — Counsel hourly rate — Reduction for non-compliance with assessment bundle rule — Messengerial attendances not taxable at counsel rates — 60% allowance for general care and conduct in straightforward personal injury matter.
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14 June 2021 |
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10 June 2021 |
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9 June 2021 |
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Court validated an unratified pre-incorporation land transfer under Companies Act s44, making the company a proper party.
Companies Act s44 – pre-incorporation contracts – requirement and form of ratification – validation by court of unratified pre-incorporation land transfer – capacity to sue – proper party to proceedings.
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9 June 2021 |
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9 June 2021 |
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8 June 2021 |
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Application for rehearing and to set aside judgment dismissed; High Court functus officio after Supreme Court appeal.
Civil procedure – application for rehearing and to set aside judgment entered in absence of a party – functus officio – finality of judgment after appellate determination; High Court cannot reopen matter adjudicated on appeal.
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8 June 2021 |
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Court stayed enforcement of procurement-review remedies pending judicial review due to arguable illegality, possible bias, and reputational risk.
Administrative law — stay of execution pending judicial review; procurement law — Review Committee remedies; duty of tribunal to give reasons; undeclared interest and apprehension of bias; serious issue to be tried, irreparable harm, balance of convenience.
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8 June 2021 |
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7 June 2021 |
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Court enhanced sentence to 40 years for defilement of a nine‑year‑old by an HIV‑positive, premeditating offender.
Criminal law — Defilement — Sentencing on confirmation — Whether ten years was unduly lenient for defilement of a nine‑year‑old — Aggravating factors: victim age, HIV‑positive offender, premeditation, threats and bribery — Movement from 14‑year to higher baseline starting point.
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7 June 2021 |
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Assessment of damages for fractured tibia: non-pecuniary award and modest special damages for reports.
Personal injury — assessment of damages — fracture of tibia with permanent scarring — pain and suffering, loss of amenities, disfigurement — special damages must be proved; reasonable compensation where proof lacking — reliance on comparable awards.
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4 June 2021 |
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Court quashed unlawful Electoral Commission appointments for breaching statutory nomination limits and ordered prompt re‑nomination.
Electoral law — Nomination and appointment of Electoral Commission commissioners — Interpretation and enforcement of section 4 of the Electoral Commission (Amendment) Act — Validity of appointments where a party exceeds statutory nominee limit — Locus standi of political party to challenge appointments — Waiver and acquiescence not applicable to constitutional/political rights.
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2 June 2021 |
| May 2021 |
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Assessment of damages for amputation injuries, loss of earning capacity calculation, and insurer's policy limit on costs.
Personal injury — below‑knee amputation — assessment of general damages (pain and suffering, loss of amenities, disfigurement); loss of earning capacity where earnings unproven — use of minimum wage and appropriate multiplier; insurer policy limits and whether party‑and‑party costs are included — governed by express policy wording.
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31 May 2021 |
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Assessment awarded K4,750,000 for a minor’s road accident injuries; special damages denied for lack of proof.
Personal injury – assessment of damages for a minor – pain and suffering, loss of amenities, disfigurement/incapacitation – requirement of proof for special damages – use of comparable awards and adjustment for currency devaluation.
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28 May 2021 |
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Court authorized kinship adoption after finding statutory requirements met and imposed yearly school-reporting for the child’s welfare.
Adoption law – Adoption of Children Act requirements – parental consent – residency – guardian ad litem report – kinship adoption – court-imposed post-adoption reporting condition.
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25 May 2021 |
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General denials and inconsistent explanations do not justify setting aside a timely default judgment.
Civil procedure — Default judgment — Setting aside under Order 12 Rule 21 — timely application insufficient without reasonable cause and meritorious defence — general denials and inconsistent explanations inadequate — stay of assessment refused; defence struck out; costs awarded.
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25 May 2021 |
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Court continued interlocutory injunction to preserve disputed land status where ownership is triable and damages inadequate.
Interlocutory injunctions — American Cyanamid test — serious question to be tried; adequacy of damages; balance of convenience; ex parte orders and alleged suppression of material facts; procedural requirements for interlocutory applications under Order 10 of the High Court (Civil Procedure) Rules; preservation of status quo in disputed land ownership.
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25 May 2021 |
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Whether employees of a state-owned company incorporated under Companies Act are public officers under anti-corruption laws.
Company law – State-owned company (Companies Act s.26) – public body status; Public law – definition of public officer under Corrupt Practices Act and Penal Code; applicability of Public Procurement Act and public-officers asset-declaration obligations; preliminary objection to charges dismissed.
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25 May 2021 |
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Court granted leave to judicially review COVID-19 restrictions but dismissed interlocutory injunction for procedural non-compliance.
Administrative law — judicial review — leave to apply where public-health measures affect rights; procedural requirements for interlocutory injunctions; ultra vires and parliamentary oversight of public health rules.
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25 May 2021 |
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Claimant hit by vehicle awarded K7.5m for pain, suffering, loss of amenities and disfigurement.
Personal injury — Assessment of damages — Heads: pain and suffering, loss of amenities, disfigurement — Quantum by comparison with authorities — Evidentiary gaps do not necessarily defeat award — Liability settled by consent.
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24 May 2021 |
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Court dismissed defendant’s strike-out application, finding contractual claim not plainly displaced by the Public Roads Act and not frivolous.
Civil procedure – strike-out for frivolous/vexatious or abuse of process – inherent jurisdiction; Public Roads Act – statutory compensation procedure and contractor powers; section 21(1) immunity and section 21(2) preservation for negligence; contractual claim versus statutory remedy.
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24 May 2021 |
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24 May 2021 |
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Leave for judicial review granted of public body's change to tobacco transport allocation; injunction dismissed for procedural defects.
Administrative law – Judicial review of public body decision on tobacco transport allocations – Legitimate expectation and procedural fairness – Timeliness and sufficient interest – No alternative statutory remedy – Interlocutory injunction dismissed for procedural non-compliance.
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21 May 2021 |
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Leave for judicial review granted against transport policy; interlocutory injunction dismissed for procedural defect.
Administrative law – Judicial review of public body's transport policy – Decision of 23 March 2021 reviewable; leave granted; no mandatory alternative remedy; interlocutory injunction dismissed for procedural noncompliance.
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21 May 2021 |
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False imprisonment and loss-of-income claims dismissed for lack of proof that the employer procured the arrest.
False imprisonment – whether detention was procured by employer or resulted from independent police investigation; employer’s reporting versus procuring arrest; proof on balance of probabilities for civil damages; entitlement to loss of income; costs in court’s discretion.
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20 May 2021 |
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Criminal court dismisses accused's attempts to nullify proceedings, recuse the judge, or obtain a permanent stay for delay.
Judicial tenure/extension – jurisdiction to review – criminal trial not appropriate forum; recusal – fair‑minded and informed observer test; case management and delay – not proof of bias; permanent stay refused.
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20 May 2021 |
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18 May 2021 |
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18 May 2021 |
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18 May 2021 |
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Whether a confirming court should enhance a 36‑month sentence for robbery with violence given mitigating factors and comparative sentencing trends.
Criminal law — Confirmation of sentence — Robbery with violence — Sentencing discretion — Mitigating factors (first offender, youth, no weapon, compensation) — Sentencing range 5–10 years — Comparative authorities considered.
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18 May 2021 |
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Whether the applicant is a bona fide purchaser and whether the prior consent order remains valid and triable without a full hearing.
Civil procedure – originating summons – procedural noncompliance under new rules (defence, summary judgment/mediation, trial) – triable issues require hearing; Property law – bona fide purchaser for value without notice; Consent orders – binding as judgments; to set aside require fresh action or proper legal cause (fraud/mistake/misrepresentation); Contempt allegation cannot be determined without full hearing.
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13 May 2021 |
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12 May 2021 |
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Court maintained 100% care and conduct, reduced instruction fees, and excluded in-house counsel from personally receiving taxed costs.
Costs assessment — care and conduct (100%) — instruction fee reduced to K8,000,000 per counsel — in-house counsel not entitled to receive taxed costs personally — distribution of taxed bill left to parties — objections to specific line items dismissed.
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12 May 2021 |
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Assessment of damages for deaths and injuries in a road accident; special damages denied for lack of proof.
Personal injury—assessment of damages; loss of expectation of life; loss of companionship; pain and suffering; loss of amenities; disfigurement; special damages require strict pleading and proof; use of comparative awards and adjustment for currency devaluation.
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10 May 2021 |
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Court awarded K5,000,000 in damages for personal injuries, denying unproven special damages and granting leave to appeal.
Personal injury — assessment of damages — pain and suffering, loss of amenities, disfigurement — loss of earnings and earning capacity where pre-accident income unproven — special damages require strict proof — use of comparable awards and adjustment for currency devaluation.
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7 May 2021 |
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Assessment awarded K7,750,000 for claimant’s amputation injuries covering pain, amenities, disfigurement, and lost earning capacity.
Personal injury — assessment of damages — pain and suffering; loss of amenities; disfigurement; loss of earning capacity where claimant is self‑employed without documented earnings; need for proof of special damages; reliance on comparative awards and adjustment for currency value.
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7 May 2021 |
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Court awarded MK65,000,000 for crop losses, trees, loss of use and consequential agronomical damages, with apportioned liability and leave to appeal.
Assessment of damages – loss of crops and projected profits – business projections admissible but may be discounted for contingencies; Loss of trees and seedlings – proof by oral and corroborative evidence; General damages for deprivation of use – discretionary award; Consequential damages – annual accrual until return of possession; Allocation of liability – erroneous lease by Attorney General.
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7 May 2021 |
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Assessment awarded K65,000,000 for lost crops, lost use of land and ongoing agronomical damages, with leave to appeal.
Assessment of damages – proof and quantification of loss of commercial crops and projected income; valuation of lost trees and seedlings; general damages for deprivation of land use; consequential agronomical damages accruing annually; costs and leave to appeal.
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7 May 2021 |
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Assessment of damages for destroyed crops and land, annual consequential damages, and State liability for erroneous lease.
Assessment of damages – loss of crops and projected profits – distinction between general and special damages – requirement of proof for special damages – discounting speculative projections for contingencies – loss of use awards – State liability for erroneous lease issuance – consequential damages accruing annually until possession restored.
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7 May 2021 |
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Assessment of damages for road‑traffic personal injuries: awards for pain, loss of amenities and disfigurement; no special damages proved.
Motor vehicle accident – Assessment of damages – General damages (pain and suffering) – Loss of amenities of life – Disfigurement – Special damages not proved – Use of comparable awards and adjustment for currency devaluation.
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7 May 2021 |
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Court awarded K4,000,000 to the claimant for personal injuries, denying unproven special damages.
Assessment of damages; personal injury—pain and suffering; loss of amenities of life; special damages—proof required; use of comparable awards and adjustment for currency devaluation.
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7 May 2021 |
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Assessment of damages against the respondent for medical negligence causing the applicant’s newborn’s death.
Medical negligence – Assessment of damages for death of newborn – Pain and suffering; loss of expectation of life; reimbursement of proven medical and incidental expenses; use of comparable awards and currency value in quantum assessment; unopposed evidence and expert opinion.
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7 May 2021 |
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Court taxed applicants’ bill, awarding care and conduct at 70% applied to the total, totalling MWK17,133,187.50.
Civil procedure – assessment of costs – care and conduct allowance – appropriate percentage (70%) and application to total bill; taxation of party-and-party costs; application of prescribed hourly rate (K40,000).
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7 May 2021 |