High Court of Malawi - 2022 November

3 judgments

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3 judgments
Citation
Judgment date
November 2022
Court granted injunctions, demolition and damages where defendant’s predecessor unlawfully encroached public road and claimant’s land.
Property law – Encroachment on road reserve and adjoining private land – locus standi to sue where private injury shown – public land not susceptible to acquisition by prescription – mandatory and prohibitory injunctions and damages awarded.
30 November 2022
Prosecution evidence was insufficient and unreliable to require the accused to enter a defence; accused acquitted.
Criminal law — no-case-to-answer — sufficiency of prosecution evidence — hearsay and inconsistent witness testimony — unmarked exhibits — failure to establish circumstantial link to crime.
16 November 2022
Court dismissed application to re-enter an appeal; dismissal for non-appearance cannot be revived and no sufficient cause was shown.
Civil procedure — dismissal for non-appearance — Order III r.21(2) — re-entry of appeal — sufficiency of cause — inherent jurisdiction — functus officio — delay and lack of diligence.
10 November 2022