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Citation
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Judgment date
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| July 2022 |
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Judicial review refused as premature because claimant failed to exhaust licence/Act dispute remedies (arbitration); injunction dismissed.
Administrative law – judicial review – leave to apply – requirement to exhaust alternative dispute resolution/arbitration under licence and Act – preliminary finding and show‑cause process lawful – injunction denied as consequential remedy.
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25 July 2022 |
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Indiscriminate police 'sweeps', failure to inform arrestees, and coerced guilty pleas breached constitutional fair‑trial and liberty rights.
Criminal procedure – vagrancy/sweeping exercises – arbitrary mass arrest – failure to inform detainees of reasons – coerced guilty pleas – right to fair trial – section 184(1)(b) problematic – mandamus for police guidelines and legislative review.
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22 July 2022 |
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The respondent’s seven-year sentence for armed, violent robbery was increased to fourteen years due to statutory aggravating factors.
Criminal law – Robbery – Sentence – Section 301(2) Penal Code – Aggravating factors: armed with offensive weapon, in company, use of personal violence – Enhancement of sentence – Confirmation of magistrate’s sentence.
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21 July 2022 |
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High Court enhanced a seven‑year robbery sentence to fourteen years due to being armed, in company, and causing injury.
Criminal law – Robbery – Sentence – Aggravating factors: armed with weapon, acting in company, use of personal violence – Enhancement of sentence on confirmation.
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21 July 2022 |
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Claimant awarded MK6,603,000 for wrongful death using multiplicand‑multiplier and minimum wage for dependency.
Personal injury – wrongful death – entitlement of dependents to sue on behalf of estate; loss of expectation of life – modest/conventional awards; loss of dependency – multiplicand and multiplier; use of minimum wage where income unascertained; one‑third deduction for personal expenses; assessment in defendant’s default.
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20 July 2022 |
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Claimant proved pain and loss of amenities from ankle dislocation; MK3,500,000 awarded; other claims denied.
Personal injury — road traffic accident — ankle dislocation; damages — pain and suffering; loss of amenities; disfigurement not proved; loss of earning capacity not proved; quantum by reference to comparable awards.
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20 July 2022 |
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Application to remove insurer as a party dismissed; policy-limit issue held res judicata and requires evidential proof.
Civil procedure – Order 6 Rule 8 – removal of party; Res judicata – prior determination at assessment of costs; Insurance law – policy limit must be proved by evidence (pleading insufficient); Mediation-derived liability order; Late relitigation vs. appeal.
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20 July 2022 |
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Court confirmed concurrent prison terms for premeditated thefts from employer, finding breach of trust and limited mitigation.
Criminal law – Breaking into a building and committing felony – Sentencing – aggravating factors (premeditation, damage, breach of trust, value of stolen property) – mitigating factors (youth, first offender, recovery of property) – confirmation of concurrent custodial sentences.
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19 July 2022 |
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Summary judgment refused because triable issues exist on contract formation and statutory exclusivity over land compensation.
Civil procedure – summary judgment – Order 12/Rule 26 CPR 17 – refusal where triable issues exist; Contract formation – signed agreement versus contract by conduct; Land Acquisition and Compensation Act s.9 – exclusive ministerial power over land acquisition and compensation; Document reliance – pleading requirements (Order 5 CPR 17).
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18 July 2022 |
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High Court confirmed unlawful wounding conviction and two‑year sentence despite defective plea‑taking, finding no prejudice to the accused.
Criminal procedure — Plea of guilt — adequacy of plea-taking and requirement to elicit lawful‑excuse element; conflicting caution statement versus prosecution facts; unlawful wounding — assessment of safety of conviction; sentencing — mitigation and confirmation of two‑year term.
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18 July 2022 |
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Permission for judicial review was refused where the claimant relied on unsubstantiated assertions about appointment practice, delay and discrimination.
Judicial review — appointment (not promotion) to Supreme Court of Appeal — distinction between appointment and promotion — permission stage requires arguable case and evidence — procedural fairness — Wednesbury unreasonableness — allegations of discrimination (sex, age, regional origin) must be substantiated.
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15 July 2022 |
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Permission for judicial review refused where applicant failed to establish an arguable, evidenced case of unlawful appointment or discrimination.
Judicial review — permission to apply; Appointment to the Supreme Court of Appeal (not promotion) — constitutional procedure; Alleged seniority practice — evidential requirement; Reasonableness/Wednesbury review of delay; Lawful consideration of gender balance and retirement/age; Need for arguable case to proceed to full hearing.
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15 July 2022 |
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Bail denied where accused’s foreign domicile and flight risk outweighed a breach of pre-trial custody limits; expedited trial ordered.
Bail – right under section 42(2)(e) – qualified by interests of justice; State’s burden to show flight risk on balance of probabilities – pre-trial custody limits (s.161) breach not automatic ground for release – expedited trial ordered.
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13 July 2022 |
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Divorce granted for cruelty (denial of conjugal rights); adultery unproven; custody to mother; maintenance and property orders made.
Choice of law – MDFRA v
Divorce Act; Jurisdiction – domicile and subject matter; Matrimonial grounds – desertion, cruelty (denial of conjugal rights) and adultery; Evidence – hearsay and authentication of electronic messages; Child welfare – custody and access; Maintenance and property division; Damages for adultery and statutory gender discrimination; Costs in matrimonial proceedings
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8 July 2022 |
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Decree nisi granted for cruelty (denial of conjugal rights); adultery not proved; Divorce Act applied to pre‑MDFRA marriage.
Statutory interpretation – MDFRA s.3 and s.114(6) – retrospectivity; Divorce Act governs pre‑MDFRA marriages; matrimonial relief – desertion, cruelty (denial of conjugal rights), adultery (insufficient hearsay/technical evidence); custody, maintenance and property distribution; damages for adultery; costs.
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8 July 2022 |
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Whether defendants are liable for private-ward charges before insurer approval when transfer occurred without their proven consent.
Hospital billing; private-ward accommodation; insurer approval; burden of proof on balance of probabilities; unsigned room-request form; inadmissible hearsay; unilateral variation of contract; admission agreement not binding for unagreed extra charges.
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8 July 2022 |
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Permission for judicial review refused where licence revocation for non-payment eliminated any legitimate expectation of renewal.
Judicial review — permission stage — arguable case required — licensing — licence revocation for non-payment — legitimate expectation — duty to communicate decision — interim relief
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8 July 2022 |
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High Court held it cannot re-open IRC factual findings and upheld summary dismissal for unexplained stock shortage.
Labour law – Appeal from Industrial Relations Court – High Court jurisdiction limited to questions of law or jurisdiction (s65 Labour Relations Act) – Findings of fact by IRC final and binding – Summary dismissal for unexplained stock shortage – Claim of subsequent overage not proved.
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7 July 2022 |
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Default judgment set aside where defendant showed reasonable delay explanation and a potentially meritorious defence disputing employment.
Civil procedure — Setting aside default judgment — Order 12 Rule 21 CPR 17 — reasonable explanation for delay (insured documents misplaced) — meritorious defence (dispute over employment and occurrence of accident) — interest of justice — costs awarded to claimant to date.
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6 July 2022 |
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Interlocutory mandatory injunction discharged where claimant failed to show a serious triable issue and sought final relief prematurely.
Land law — Interlocutory relief — Requirement of a serious question to be tried — Interim mandatory injunctions exceptional — Quashing administrative allocation inappropriate at interlocutory stage.
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1 July 2022 |
| June 2022 |
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Defendants held in contempt for disobeying an injunction, but court declined to convict due to disputed title.
Contempt of court – interlocutory injunction – obedience to court orders until discharged – disputed title and letters of administration – discretion not to convict.
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30 June 2022 |
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Employment-related claims must be commenced in the Industrial Relations Court; the High Court should decline first-instance jurisdiction.
Constitutional and statutory jurisdiction — Industrial Relations Court as first-instance forum for employment disputes — section 110(2) Constitution; Labour Relations Act s64 — transfer of employment claims — High Court declining jurisdiction where specialised court exists.
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30 June 2022 |
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Claimant failed to prove bus driver's negligence; collision held caused by truck driver veering to avoid a cyclist, claim dismissed.
'Negligence' – duty of care and breach; burden and standard of proof in civil cases; causation in road traffic collisions; res ipsa loquitur – inapplicable where claimant's evidence is inconsistent; submission of no case to answer in civil proceedings; costs—court's discretion.
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27 June 2022 |
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The claimant was awarded K7,028,000 for pain, loss of amenities, disfigurement and special damages after a road accident.
Personal injury — assessment of damages — fractures of tibia and fibula and facial bruising — non‑pecuniary heads: pain and suffering, loss of amenities, disfigurement — reliance on comparative awards — special damages for report costs — costs awarded.
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24 June 2022 |
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24 June 2022 |
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Claimant awarded K7,000,000 for pain, loss of amenities and disfigurement from a workplace hand injury; special damages denied.
Personal injury — Workplace accident — Assessment of damages — Non-pecuniary damages: pain and suffering, loss of amenities, disfigurement — Quantum awarded K7,000,000 — Special damages not proved — Costs awarded.
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24 June 2022 |
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Minor injured in road accident awarded K14,013,500 for amputation, pain, loss of amenities, and disfigurement.
Personal injury — Road traffic accident — Amputation and multiple fractures — Assessment of damages by Registrar — Awards for pain and suffering, loss of amenities and disfigurement — Special damages for police and medical reports — Payment into trust account for minor.
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24 June 2022 |
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Court awarded K4,000,000 for death of an 11‑year‑old, using comparable awards and reasonable future probabilities for dependency.
Damages — Wrongful death of a child — Loss of expectation of life guided by comparable awards; Loss of dependency for non‑working child assessed by reasonable future probabilities (not multiplier–multiplicand).
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24 June 2022 |
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Assessment of non-pecuniary damages for three injured claimants; psychological effects not awarded without evidence.
Damages assessment — non-pecuniary losses (pain and suffering, loss of amenities, disfigurement) — need for evidence to prove psychological injury — awards to minors and trustee account for guardian access.
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24 June 2022 |
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Claimant awarded MK4,810,000 for proven minor head and limb injuries; traumatic brain injury claim rejected.
Personal injury — Assessment of quantum — Pain and suffering, loss of amenities and disfigurement — Loss of earnings and earning capacity — Insufficiency of evidence for traumatic brain injury and undocumented business income — Use of comparable awards.
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23 June 2022 |
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A defendant’s preliminary objection was dismissed for failing to follow court direction to pursue an inter-partes challenge to a consent order.
Civil procedure – consent order alleged entered by mistake – ex parte application to stay or set aside vs inter-partes procedure – preliminary objection at assessment hearing improper where party failed to follow court direction – dismissal with costs.
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23 June 2022 |
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High Court set aside magistrate's costs order against counsel, holding no statutory authority for such costs on adjournment.
High Court supervisory jurisdiction — Sections 25 and 26 Courts Act; s360 Criminal Procedure and Evidence Code — power to call records and review subordinate courts; Magistrates' power to award costs — statutory basis required; Criminal proceedings — presumption against awarding costs; Adjournment — discretionary but cannot found costs order absent statutory authority; Section 142 CP&E Code — costs permissible on conviction/acquittal or where private prosecutor had no reasonable grounds.
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22 June 2022 |
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Driver negligent; deceased partly contributory — liability apportioned 70/30 and insurer liable up to policy limit.
Road traffic accident — Driver negligence for failing to slow/stop — Eyewitness credibility — Contributory negligence by pedestrian — Apportionment of liability (70%/30%) — Insurer liability subject to policy limit (s.148(1) Road Traffic Act).
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22 June 2022 |
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Court awarded K2,000,000 for expectation and K2,000,000 for dependency after an 11‑year‑old's death; multiplier method rejected for non‑earning child.
Personal injury — fatal road accident — assessment of damages — loss of expectation of life — loss of dependency — child of non‑working age — comparable awards preferred; multiplier‑multiplicand method inappropriate for non‑earning child.
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22 June 2022 |
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Whether criminal libel under section 200 unreasonably restricts freedom of expression and warrants certification and a stay.
Constitutional law — Freedom of expression — Criminal libel (s.200 Penal Code) — Section 35 and limitation test under s.44 Constitution — ICCPR art.19 and ACHPR art.9(2) — de Morais v Angola; Lohe Issa Konate v Burkina Faso — Referral to Chief Justice under s.9(3) Courts Act — High Court inherent jurisdiction — Civil Procedure Rules O.19 limited to civil matters — Stay of subordinate court proceedings.
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20 June 2022 |
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Court enhanced defilement sentence to 18 years, finding aggravating factors outweighed mitigating circumstances.
Criminal law – Defilement – Sentencing and sentence enhancement – Aggravating factors (victim’s age, premeditation, prevalence of offence, not‑guilty plea) vs mitigating factors (youth, first offender) – Consent not established; deterrence and protection of girl child.
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20 June 2022 |
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Claimant failed to prove driver negligence; collision likely occurred while claimant was joining the main road.
Negligence — duty of care — burden of proof on balance of probabilities — point of impact disputed — evidential weight of police report and fine.
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18 June 2022 |
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The defendant held liable for breach of statutory safety duty after unguarded conveyor laces caught the plaintiff's jacket.
Occupational safety — employer's statutory duty and negligence — guarding of machinery (conveyor laces) — credibility of post-accident investigations; failure to call material witnesses.
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17 June 2022 |
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Court vacated leave and interim orders: parliamentary seating and shadow-cabinet appointments are political, non-justiciable matters; claimant to pay costs.
Parliamentary privilege and separation of powers – Justiciability – Allocation/reservation of seats and formation of shadow cabinets seen as political/internal matters not amenable to judicial review absent clear constitutional issue – Speaker’s discretion under Standing Order 39 – Non-exhaustion of internal remedies and suppression of material facts bars equitable relief.
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16 June 2022 |
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No arguable appeal existed against tax assessments; statutory time and form requirements were not met, so judicial review and interlocutory relief were refused.
Tax law — judicial review — validity of appeal against tax assessment — strict compliance with statutory time limits and form for appeals under Value Added Tax Act, Taxation Act and Customs and Excise Act — enforcement (warrant of distress, embargo) where no valid appeal.
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16 June 2022 |
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Application to amend notice of appeal refused because proposed particulars would breach the rule requiring concise, non‑argumentative grounds.
Civil procedure — Amendment of notice of appeal — Order 111 rules 2(2) and 2(3) — Particulars of misdirection or error of law must be stated but grounds must remain concise and non‑argumentative — Application to add full particulars refused — Costs awarded.
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15 June 2022 |
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Summary judgment granted for claimant’s possession and rental claims where the uncontested will bequeathed the property and defendant had no arguable defence.
Succession law – validity and effect of will – beneficiary entitled to property; Summary judgment – no arguable defence; Possession and mesne profits; Executor/trustee status versus beneficiary rights; Matrimonial property claims irrelevant where property belongs to third‑party testator.
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10 June 2022 |
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Summary judgment for possession and mesne profits where the house was bequeathed under an uncontested will and defendant had no arguable defence.
Succession/estate law – testamentary bequest – property bequeathed under an uncontested will; Summary judgment – Order 12 – absence of arguable defence and no triable issue; Matrimonial property/contribution claims distinguished from testamentary rights; Possession and mesne profits (rentals) assessed by Registrar.
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10 June 2022 |
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Claimant failed to prove employer negligence under common law and statutory safety duties; defendant nevertheless ordered to pay costs for delays.
Occupational safety — Employer duty to provide safe plant and systems, guarding and training — Negligence — Burden of proof on balance of probabilities — Insufficient, inconsistent evidence — Costs awarded for dilatory conduct.
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3 June 2022 |
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A post-judgment application to construe an insurer’s liability for costs was dismissed because no costs were ordered and the court was functus officio.
Civil procedure — Agreement-based judgment for negligence — Construction of insurance policy — Whether insurer liable for costs in addition to damages — Finality of judgment — Functus officio — Post-judgment applications.
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3 June 2022 |
| May 2022 |
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Claimant cyclist proved on balance of probabilities that defendant negligently struck him; judgment and costs awarded.
Motor vehicle negligence – duty to keep proper lookout and drive at a speed to stop within visible distance – failure to stop after collision – credibility findings and balance of probabilities – assessment of damages.
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31 May 2022 |
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Whether cancellation of an industrial rebate without a hearing breached the claimant’s constitutional right to fair administrative action.
:[
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31 May 2022 |
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A magistrate may try a theft charge and decide ancillary land-ownership issues necessary to resolve the criminal matter.
Criminal law – Jurisdiction of magistrate in theft prosecutions – Ancillary civil issues (land ownership) – Magistrates may resolve ownership questions necessary to determine criminal liability even if value exceeds civil jurisdiction.
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30 May 2022 |
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Whether ACB may cooperate directly with foreign agencies under MACMA and whether hospital handcuffing violated constitutional rights
Arrest law – hospital arrests and use of restraints; Constitutional rights – inhuman/degrading treatment (handcuffing); Mutual Assistance in Criminal Matters Act s5(1) – ACB may cooperate with foreign enforcement agencies without prior AG sanction; Admissibility of illegally obtained evidence – discretionary rule in Malawi; Corrupt Practices Act s42 – DPP consent not required prior to arrest/remand (time‑limited).
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30 May 2022 |
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An aggrieved party to proceedings cannot use Order 23 r.8 (CPR) to attack a consent order; appeal or a specific action is the proper remedy.
Civil procedure — Consent order — Variation or setting aside — Order 23 r.8 CPR applies to non‑parties directly affected, not to persons who are parties; remedy for a party aggrieved by a consent order is appeal or a specific action to set it aside — Application to strike terms of consent order dismissed as misconceived.
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30 May 2022 |