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Citation
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Judgment date
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| April 2022 |
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Conviction for trafficking quashed for lack of evidence of requisite intent to exploit; possible immigration offence but no retrial.
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6 April 2022 |
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Trafficking conviction quashed for failure to prove requisite knowledge of exploitation; conduct may amount to an immigration offence.
Trafficking in persons – sufficiency of particulars – mens rea/knowledge of exploitation required – distinction between trafficking and immigration offences – evidence must disclose intent to exploit.
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6 April 2022 |
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Whether the applicant should be granted bail pending murder trial and what conditions are necessary to protect the administration of justice.
Criminal procedure — Bail pending trial — Presumption of innocence — Bail Guidelines Act: risk of evasion, witness interference, danger to community, public order — State's burden to justify detention — Conditional bail and timelines for committal and disclosure.
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6 April 2022 |
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The applicant sued the wrong party; claims should have been brought against the ACB/Director under s.5A.
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1 April 2022 |
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Employer liable for employee injuries from a defective gate; breach of statutory and common-law duty, damages awarded.
Personal injury — Employer's duty of care — Negligence — Breach of Occupational Safety, Health and Welfare Act s13(2)(a) — Employee's duty s18(a) — Res ipsa loquitur — Contributory negligence — Assessment of damages and costs.
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1 April 2022 |
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The Ombudsman exceeded jurisdiction by investigating a dispute with available court remedies and against a private company.
Ombudsman jurisdiction – section 123(1) Constitution – availability of remedies – jurisdiction limited to public bodies – judicial review of Ombudsman determinations – scope to interpret law during inquiries.
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1 April 2022 |
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The Ombudsman acted beyond jurisdiction by investigating a dispute involving a private company despite reasonably available court remedies.
Ombudsman jurisdiction – constitutional limits under section 123(1) – reasonably available remedy by court – Ombudsman Act and section 124: investigatory powers limited to public bodies – inquiry into private entity exceeds jurisdiction – judicial review of administrative action.
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1 April 2022 |
| March 2022 |
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Conviction quashed due to inconclusive CCTV identification and defective chargesheet; appellants released.
Criminal law – Theft by servant – Elements and burden of proof; Evidentiary identification – CCTV inconclusive as to identity; Procedural fairness – Defective chargesheet and fair trial rights; Doubt resolved in favour of accused; Conviction and sentence set aside.
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31 March 2022 |
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Interlocutory injunction over disputed land refused where triable issues exist and status quo favoured current occupiers.
Interlocutory injunction — test for interim relief (serious question to be tried; adequacy of damages; balance of convenience) — land disputes — uniqueness of land makes damages generally inadequate — maintenance of status quo pending trial.
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29 March 2022 |
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29 March 2022 |
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Claim for workplace injury dismissed for failure to prove employer negligence; no order as to costs.
Civil liability for workplace injury — employer's duty to provide safe working environment — claimant's burden to prove negligence on balance of probabilities; insufficiency of unparticularised testimony; potential applicability of workers' compensation; discretion as to costs.
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29 March 2022 |
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Appeal dismissed: irregular no-case ruling cured; evidence (including accomplice corroboration) proved theft by servant; sentence upheld.
Criminal law – Theft by servant – sufficiency of evidence – accomplice testimony and corroboration; Criminal procedure – no-case-to-answer ruling; Sentencing – breach of trust by accountant, appropriateness of custodial sentence.
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28 March 2022 |
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28 March 2022 |
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Breach of pre-trial custody limits does not automatically entitle the applicant to bail; bail denied due to flight‑risk concerns.
Criminal procedure — Bail — Pre-trial custody time limits (s.161G) — Breach does not automatically entitle accused to bail — Interests of justice remain decisive — Bail Guidelines factors, particularly flight risk — Court ordered prompt plea and directions.
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25 March 2022 |
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Summary judgment refused where the applicant failed to substantiate a personal injury claim; irregularities require strike‑out, not summary judgment.
Summary judgment — Order 12 rule 23(1) and rules 24–26 — claimant must substantiate claim by sworn evidence — realistic v fanciful prospect of defence — strike‑out remedy for irregular pleadings — contributory negligence/guardian ad litem issues justify trial.
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22 March 2022 |
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Appeal allowed where magistrate awarded compensation for land encroachment without hearing parties on appropriate remedy; matter remitted.
Land law — Encroachment — Remedy — Award of compensation — Exercise of judicial discretion — Duty to hear parties on remedy (audi alteram partem) — Remittal to magistrate.
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22 March 2022 |
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A trial court must hear parties on remedies for land encroachment; failure to do so warrants setting aside and remittal.
Land dispute — encroachment — remedy — necessity to hear parties before awarding compensation — appellate intervention where discretion exercised without hearing parties; remittal to different magistrate.
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22 March 2022 |
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Interlocutory injunction refused where damages were adequate and public interest and project stage weighed against halting works.
Interlocutory injunctions – triable issue requirement – adequacy of damages; Balance of convenience/public interest in injunctive relief; Expropriation and compensation under section 44(3) of the Constitution; Environmental Impact Assessment non-compliance and need for particulars; Public works and prejudice from halting advanced projects.
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22 March 2022 |
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Default judgment set aside where defendant was not personally served and demonstrated an arguable defence and justified delay.
Civil procedure — Default judgment — Setting aside under Order 12 Rule 21 — Personal service required (Order 8 Rule 3) — Service on a local chief inadequate — Interests of justice — Arguable defence — Costs awarded to defendant.
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22 March 2022 |
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Employer vicariously liable for supervisor’s sexual harassment; aggravated damages awarded for employer’s inaction and psychological harm.
Employment law – employer’s duty to provide safe workplace; vicarious liability for supervisor sexual harassment; aggravated damages for employer’s inaction; use of psychiatric evidence in quantum assessment; comparative awards guiding non‑pecuniary damages.
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21 March 2022 |
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Permission for judicial review dismissed as out of time and failing to demonstrate a breach of natural justice.
Judicial review — time limits (Order 19 r 20) — administrative decision to award diploma not degree — natural justice (right to be heard; reasons) — delay and effect of subsequent actions.
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18 March 2022 |
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Whether the applicant may obtain urgent injunction and disclosure from the High Court despite EMA’s Tribunal and joinder/capacity issues.
Environmental law – Jurisdiction: EMA 2017 permits choice of forum; Environmental Tribunal not exclusive. Interlocutory injunction – serious question to be tried, irreparable environmental harm, balance of convenience. Access to information – constitutional right and Access to Information Act enforceable; disclosure ordered
Joinder/capacity – joint-venture naming and agency; failure to prove non-entity. Abuse of court process – prior related proceedings dismissed on technical grounds did not bar new urgent relief
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16 March 2022 |
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Court awarded MK14,000,000 for malicious prosecution and exemplary damages, denying additional pain and suffering or withheld-benefit awards.
Civil damages — Assessment of quantum — Malicious prosecution — Restitutio in integrum — Exemplary damages for oppressive or arbitrary state action — Pain and suffering award requires specific evidential basis.
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16 March 2022 |
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Claimants failed to prove nuisance or pollution; limited contractual relocation payments (two months) must be extended for remaining 18 months by assessment.
Quarrying and blasting — temporary relocation agreements — interpretation of agreement terms; nuisance and pollution — burden and standard of proof; expert evidence — compliance with procedural rules and weight; mitigation and evacuation procedures; remedies limited to unpaid contractual relocation compensation.
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16 March 2022 |
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11 March 2022 |
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Prolonged pre-trial detention and absence of flight or safety risks justified conditional bail pending trial.
Bail pending trial — Bail Guidelines Act factors (risk of absconding; witness tampering; danger to community; public order) — prolonged pre-trial detention — interest of justice — conditional bail and prosecutorial duty to progress case within set timeframe.
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10 March 2022 |
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Whether mining-related complaints must first be referred to the Commissioner of Mines and Minerals before commencing court proceedings.
Mines and Minerals Act (s283, s286) – jurisdictional bar to court proceedings until Commissioner has acted; Environmental Management Act – standing to sue; nuisance and mining-related disputes; preliminary objection upheld.
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10 March 2022 |
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Prolonged pre-trial detention and lack of prosecutorial progress justified granting bail under Bail Guidelines considerations.
Criminal procedure – Bail pending trial – Bail Guidelines Act factors – Prolonged pre-trial detention – Lack of prosecutorial progress – Conditions of bail – Direction to State to expedite committal and disclosure.
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10 March 2022 |
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High Court reviews magistrate's interlocutory refusal, orders PSU report released and investigators compelled to testify for fair trial.
Criminal procedure — High Court review of subordinate court interlocutory orders; fair trial rights and disclosure under Section 42(2)(f) of the Constitution; relevance and compellability of Professional Standards Unit investigators; Sections 25–26 Courts Act and Sections 195, 201, 360, 362 CP&EC.
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8 March 2022 |
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On appeal, a seven-year custodial sentence for acts intended to cause grievous harm was held not manifestly excessive and was confirmed.
Criminal law — sentencing for acts intended to cause grievous harm (s235 Penal Code) — appellate review of sentence — manifest excess or error in principle required to interfere; observation of injuries in court (s260); intoxication and premeditation issues; mitigating factors considered.
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8 March 2022 |
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Appellate court confirmed seven-year custodial sentence for acts intended to cause grievous harm, finding it not manifestly excessive.
Criminal law – Sentencing – Acts intended to cause grievous harm (s235 Penal Code) – Appellate review of sentence – manifestly excessive/wrong in principle – consideration of mitigating factors (first offender, guilty plea, youth) – alleged intoxication – evaluation of visible injuries without medical report.
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8 March 2022 |
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Court summarily dismissed application to transfer an appeal to the Principal Registry, directing re-filing at Lilongwe and payment of fees.
Criminal procedure — Forum for appeals — Administrative practice requiring Dedza matters to be remitted to High Court Lilongwe District Registry; Motion to change registry lacking legal authority; Irrelevance of relatives’ presence; Section 351 CP & EC and High Court’s appellate handling powers.
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7 March 2022 |
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Court granted bail pending trial for accused murder suspects, applying Bail Guidelines and imposing conditions.
Bail pending trial — murder charge — Bail Guidelines Act factors (evasion, witness interference, danger, public order) — court's duty to weigh accused’s personal circumstances — conditions of bail — direction to expedite committal and disclosure.
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4 March 2022 |
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Applicant on prolonged remand granted bail where prosecution did not oppose and trial was not imminent.
Bail — Right to bail under Constitution s.42(2)(e) — Bail Guidelines Act 2000 factors — Interests of justice — Prolonged remand — Burden on prosecution to justify detention.
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4 March 2022 |
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Prolonged pre-trial detention without imminent trial justified grant of bail after balancing accused’s circumstances against interests of justice.
Criminal procedure – Bail pending trial – Interests of justice under s.42(2)(e) Constitution – Bail Guidelines Act 2000 factors (flight risk, witness interference, danger to community, public order) – Prolonged pre-trial detention – Duty of State to demonstrate why bail should be refused – Court’s independent balancing duty.
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4 March 2022 |
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Applicant on murder charge granted conditional bail pending trial; court weighed Bail Guidelines and ordered expedited steps.
Bail pending trial; Bail Guidelines Act — criteria (flight risk, witness interference, danger to community, public order); Section 9 — weighing accused’s personal interests against interests of justice; conditional bail and direction to expedite trial.
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4 March 2022 |
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Magistrates' courts lack jurisdiction to hear workplace injury claims commenced under the Workers’ Compensation Act.
Jurisdiction — statutory nature of jurisdiction; Workers’ Compensation Act — limited conferment of jurisdiction to Chief Resident Magistrate (appeals and enforcement); subordinate courts lack jurisdiction to hear claims commenced under the Act; section 63 — preservation of civil suits in respect of negligence subject to set-off provisos; amendment cannot cure absence of jurisdiction.
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4 March 2022 |
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Claim dismissed for failure to prove the bottle's origin, causation, and actionable nervous shock.
Product liability – manufacturer’s duty of care; proof of origin and causation; res ipsa loquitur inapplicable where product was not under sole control; requirement of medical and scientific evidence to establish nervous shock and nexus to contaminants.
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2 March 2022 |
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Claimant failed to substantiate claim by sworn evidence; summary judgment declined and matter referred to mediation.
Civil procedure — Summary judgment — Order 12 rules 23–26 — Claimant must substantiate plea by sworn statement; pleadings alone insufficient — Deficient defence should be challenged by strike-out, not summary judgment — Guidance from Easyair (EWHC).
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1 March 2022 |
| February 2022 |
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The claimant succeeded in libel where false, malicious imputations defeated fair-comment and privilege defences; apologies and damages ordered.
Defamation (libel) – public interest reporting – fair comment and qualified privilege – malice defeats privilege – justification (truth) and burden of proof – remedies: apology, damages, costs.
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28 February 2022 |
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Rehearing allowed limited to cross‑examination where defaulting defendant showed promptness, good reason, and reasonable prospects.
Civil procedure – rehearing of judgment entered in absence – Order 16 r 7 – promptness, good reason (law‑firm software failure), reasonable prospects – sealing and citation defects not fatal.
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25 February 2022 |
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A bare/general denial contrary to CPR Order 7 warrants striking out the defence and judgment for the claimant.
Civil Procedure Rules 2017 — Order 7 Rules 6 & 7 — pleading requirements; general/bare denial; strike out of defence; holding defences; amendment of statement of case; interlocutory procedure; duty to exhibit amended pleadings and file skeleton arguments.
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24 February 2022 |
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Sworn statements containing legal argument and opinion may be expunged; expert evidence requires prior court permission.
Civil procedure — Admissibility of affidavits — Order 18 r6: affidavits must contain facts deponable from personal knowledge, not legal argument or opinion — Expert evidence — Order 17 r19: court permission required to call expert evidence; must identify issue requiring expert — Points of law — Order 16 r6(2): where facts agreed, court may decide questions of law — Striking defective affidavits; nullity where admissible and inadmissible material interwoven.
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18 February 2022 |
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An order that terminates prosecution and sets accused at liberty constitutes a final, appealable order under section 346.
Criminal procedure – Appealability of subordinate court rulings – Meaning of "order" in s.346 – Distinction between interlocutory and final orders – Stay/entrapment orders and release of accused as final and appealable – High Court review jurisdiction in criminal matters.
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17 February 2022 |
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Assessment awarded K6,313,282.84 for fire losses; negligence is not a separate head of damage; police inventory and quotations accepted.
Civil damages — assessment after default judgment — admissibility of police report and market quotations for special damages — negligence not a distinct head of damage — restitutionary approach with uplift for delay.
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16 February 2022 |
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Application to amend notice of appeal and stay enforcement is premature until the appeal record is settled; interim non-enforcement ordered.
Civil procedure – Appeals – Entry of appeal; Order 111 rules 10, 11 and 19 – Record of appeal must be settled and filed before Supreme Court is seized – Applications to amend notice of appeal or stay enforcement premature until appeal entered – Interim restraint on enforcement pending record settlement – Costs each party to bear.
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15 February 2022 |
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Administrator General appointed; Letters of Administration revoked; audit and restitution ordered after veil lifted and fraudulent asset disposals found.
Probate and intestacy – scope of estate – distinguishing personal assets from company assets – lifting corporate veil where company used to defeat inheritance rights – revocation of Letters of Administration obtained by material misrepresentation – appointment of Administrator General – audit and restitution orders – protection of minor dependants.
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15 February 2022 |
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Claimant proved a likely forged transfer to a subsequently-created trust; court ordered rectification restoring original joint ownership.
Registered Land Act – registration vests leasehold title; transfer by instrument — requirement of prescribed form and witnessing; alleged forgery of transfer — proof on balance of probabilities; transfer to trust created after transfer — invalid; rectification of register for fraudulently obtained registration.
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14 February 2022 |
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Landlord's failure to remove prior occupiers constituted breach; frustration, insurance and arbitration defenses rejected.
Contract law — valid written contracts for traffic management — landlord's duty to provide access and remove prior occupiers — frustration by third party; foreseeability and prior knowledge — insurance clause and arbitration clause do not absolve landlord from liability for fundamental breach — damages for loss of contract performance.
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10 February 2022 |
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A prior summary judgment on liability does not automatically bind new claimants; each must litigate negligence on the merits.
Civil procedure – summary judgment – res judicata – effect of prior judgment on separate claimants – consent order as compromise on damages – negligence claims from quarry blasting.
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10 February 2022 |