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Citation
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Judgment date
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| February 2022 |
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Whether section 9’s Preliminary Inquiry follows CP&EC Part VIII, witness presence, authentication, and reconciling treaty obligations.
Extradition — Preliminary Inquiry under section 9 Extradition Act — Part VIII CP&EC applies mutatis mutandis; extradition character: criminal; witness presence — physical preferred but virtual allowed in appropriate cases; evidence taken before foreign competent court under Evidence by Commissions Act effective; authentication governed by section 13 Extradition Act; treaty obligations (pacta sunt servanda) to be respected when possible.
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8 February 2022 |
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Preliminary inquiries under the Extradition Act follow Part VIII CP & EC; witnesses’ physical presence is preferred but may be dispensed with under defined procedures.
Extradition law – section 9 Preliminary Inquiry construed as Part VIII CP & EC preliminaries; extradition committal is criminal in nature; Criminal Division has jurisdiction to review committals; witness presence preferred but not absolute—virtual testimony or foreign court examination permissible; authentication governed by section 13 of the Extradition Act and Evidence by Commissions Act.
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8 February 2022 |
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An application to reopen a final 2016 disciplinary disbarment was rejected: the High Court had jurisdiction, gave adequate notice, and was functus officio.
Legal practitioners — Disciplinary jurisdiction of High Court under s.21 Legal Education and Legal Practitioners Act — Reasonable opportunity to be heard via national publication and Malawi Law Society involvement — Functus officio and finality of judgments — Abuse of process in reopening final disciplinary orders.
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8 February 2022 |
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High Court may review subordinate court decisions, including interlocutory rulings, to protect fair trial rights after late disclosure.
Constitutional and statutory review — High Court supervisory jurisdiction over subordinate courts — Sections 25–28 Courts Act and sections 360–363 Criminal Procedure and Evidence Code — party-initiated and interlocutory review — adjournment and fair trial rights following late disclosure.
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8 February 2022 |
| January 2022 |
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Claimant awarded K20,000,000 for false imprisonment, defamation, malicious prosecution and assault.
Damages assessment — false imprisonment (21 days): rejection of hourly formula; awards for defamation, malicious prosecution and assault and battery; reliance on comparable Malawian authorities; defendant absent at assessment.
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31 January 2022 |
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Embargo and factory closure under s149 were unlawful absent proceedings; search warrant did not justify closure.
Customs & Excise Act s149 (embargo) — scope and limits; s15(1)(a) — search warrants and securing premises; corporate separate legal personality; procedural fairness/hearing; embargo invalid absent connected proceedings.
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28 January 2022 |
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A registrar lacks jurisdiction to grant post-judgment amendments; such applications must be determined by the judge seized of the case.
Civil procedure – Amendment of statement of case – Order 7 r 23 – Permission required after closure – Registrar’s jurisdiction under Courts Act and CPR – Order 25 limits Registrar’s automatic powers – Post-judgment/amendment at assessment stage must be determined by the Judge.
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28 January 2022 |
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Court granted interlocutory injunction preventing disposal of seized vehicles where ownership and legality of seizure were triable issues.
Judicial review – Interlocutory injunction – Application of American Cyanamid test (serious question to be tried; damages inadequate; balance of convenience) – Seizure of property during searches – Ownership disputes and alleged connection to criminal proceedings – Preservation of status quo pending trial.
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28 January 2022 |
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The claimant (DPP) may bring civil preservation proceedings under the FCA; ex parte preservation orders are constitutionally permissible.
Constitutional interpretation — purposive and contextual approach; Financial Crimes Act — competent authority; DPP's locus to institute civil preservation proceedings; Ex parte preservation orders — interim in rem relief to secure tainted property; Compatibility of FCA preservation regime with rights to fair hearing, presumption of innocence, property and dignity; Retrospectivity of non-penal statutory provisions.
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26 January 2022 |
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Appellants' custodial sentences for organised forest destruction and squatting upheld as aggravating factors outweighed mitigation.
Criminal law – Sentencing – Forestry offences (destruction of forest produce, squatting) – First offender and guilty plea as mitigating factors – Option of fine and suspended sentences – Group commission, premeditation and injuries to law enforcement as aggravating factors – Sentences upheld.
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26 January 2022 |
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Court declared a lease void as unlawfully depriving clan members of customary land and ordered its cancellation.
Customary land — Lease procured without clan consultation — Unlawful deprivation of property — Section 28 Constitution — Transaction void — Order to cancel lease — Costs against lessee.
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25 January 2022 |
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Unlawful arrests without reasonable suspicion caused false imprisonment, reputational harm and business loss; malicious prosecution claim failed.
Constitutional and common-law protections of personal liberty — arrest and detention; False imprisonment — requirement of reasonable suspicion and informing arrested persons of reasons; Malicious prosecution — requirement of termination in favour and absence of probable cause; Defamation — publication and reputational injury arising from state-instigated arrests and resultant media coverage; Loss of business — damages for confiscation and non-use of business equipment.
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25 January 2022 |
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Appellate court will not overturn a trial court’s land ownership finding absent demonstrable misdirection, prejudice, or supporting evidence.
Land law – ownership dispute over customary/communal land – mkamwini’s capacity to own land – appellate review of factual findings – requirement to show misdirection or prejudice – unsubstantiated allegations of corruption and procedural irregularity insufficient to overturn judgment.
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24 January 2022 |
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On the balance of probabilities the claimant’s research was plagiarised; university lawfully withheld the degree but claimant may rewrite and resubmit.
Academic misconduct – Plagiarism – University disciplinary powers under Students' Handbook – Burden of proof on balance of probabilities – Withdrawal or withholding of degree – Right to education and permissible limitations.
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24 January 2022 |
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Estate duty must be assessed under the schedule in force at the deceased's date of death, not later amendments.
Estate duty — applicable rate determined by Schedule in force at deceased's date of death — amendments to Estate Duty Act not retrospective — valuation for estate duty at time of death — requirement for fresh assessment by Estate Duty Commissioner.
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21 January 2022 |
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Court refused permission for judicial review of recall/shipping arrangements, finding damages and alternative remedies adequate, and dismissed stay.
Judicial review — recall of diplomats and shipping arrangements — legitimate expectation, Wednesbury unreasonableness, bad faith — adequacy of damages and alternative remedies — stay of administrative decision.
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20 January 2022 |
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Claimant awarded policy-limit damages for pain, suffering, loss of amenities and disfigurement following a vehicle rollover.
Motor vehicle accident – assessment of damages – pain and suffering; loss of amenities; disfigurement – consent order limiting liability to policy limit – award of policy limit balance and costs.
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19 January 2022 |
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An acquittal alone does not establish malicious prosecution; claimant must prove lack of probable cause and malice.
Malicious prosecution — elements (initiation, absence of reasonable and probable cause, malice, favourable termination) — acquittal alone insufficient to prove malice or lack of probable cause — burden of proof on claimant.
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19 January 2022 |
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An acquittal does not prove malicious prosecution absent proof of lack of reasonable cause and malice.
Malicious prosecution — elements: initiation, reasonable and probable cause, malice, termination in favour — acquittal alone insufficient where prosecution established prima facie case — burden of proof on claimant.
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19 January 2022 |
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Court imposed 30 years’ imprisonment for rape by a police officer on duty, emphasizing breach of trust and serious aggravating factors.
Criminal law – Sentencing in rape cases – aggravating factors: police officer on duty, breach of position of trust, commission within police station, repeated assaults, victim youth – mitigation: first offender – application of defilement sentencing guideline to rape – absence of medical report not fatal to finding of harm.
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18 January 2022 |
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The accused, a police officer on duty, received 30 years' imprisonment for raping a detainee at a police station.
Criminal law — Rape — Sentencing — Position of trust and commission while on duty at police station as aggravating factors — Repeated sexual assaults and detention — Absence of medical report not fatal where credible testimonial evidence of harm exists — Custodial sentence appropriate.
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18 January 2022 |
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Application for judicial review dismissed for lack of proper parties, locus standi and suppression of material facts.
Judicial review — proper parties and mode of commencement — locus standi (sufficient interest) — prematurity and hypothetical claims — suppression/misrepresentation of material facts — international instruments and domestic enforceability (section 211).
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13 January 2022 |
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Leave for judicial review and interim relief refused: wrong defendants, lack of locus standi, premature challenge and material non-disclosure.
Judicial review — proper parties and joinder — locus standi (sufficient interest) — ripeness of administrative action — suppression/misrepresentation of material facts — refusal of leave and interim relief; costs awarded.
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13 January 2022 |
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Confessions admissible but not binding on co‑accused absent adoption; two acquitted, three ordered to enter defence.
Criminal law – prima facie case at no-case stage – section 254 CP&EC; Confessions – admissibility and retraction – section 176 CP&EC; Confession against co‑accused – adoption required under s176(2); Proof of death – recovery and forensic identification of human bones; Charges – murder, extraction of human tissue, trafficking in persons.
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12 January 2022 |
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An automatic stay under Order 35 r.15 applied; the defendant’s strike-out application was improperly brought without vacating the stay.
Civil procedure — Order 35 r.15 automatic stay of existing proceedings not brought before Court within six months of Rules' commencement; requirement to apply to vacate stay under r.15(2); non-compliance remedies under Order 2 r.3; strike-out application invalid if brought during automatic stay.
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11 January 2022 |
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Insurer not liable absent proof of a valid policy; claimant awarded costs due to insurer's withholding of vital information.
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11 January 2022 |
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Applicant on prolonged pre-trial remand granted bail where prosecution did not oppose and custody limits had elapsed.
Bail pending trial – interests of justice – Bail Guidelines Act factors (flight risk, witness interference, danger to community, public order) – burden on State to justify continued detention – prolonged pre-trial remand – conditional bail and directions to prosecute.
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6 January 2022 |
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6 January 2022 |
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Bail granted to the applicant after prolonged pre-trial detention and State’s non-opposition; trial to be expedited.
Bail — prolonged pre-trial detention and expired custody time limit — Bail Guidelines Act factors — burden on State to justify continued detention — conditional bail and direction to expedite trial.
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6 January 2022 |
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Applicant on prolonged remand granted bail where State did not oppose and no interests of justice weighed against release.
Bail pending trial — constitutional right (s42(2)(e)) subject to interests of justice — Bail Guidelines Act 2000 factors (evasion, witness/evidence interference, danger to community, public order) — burden on State to justify detention — court’s independent duty to weigh circumstances — prolonged remand as factor supporting bail.
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6 January 2022 |
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6 January 2022 |
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Applicant granted bail after prolonged remand; court weighed Bail Guidelines Act factors and ordered expedited trial steps.
Bail — prolonged pre-trial detention — Bail Guidelines Act 2000 — interests of justice — burden on State to justify continued detention — conditions of bail — court-ordered expedition of preliminary steps.
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6 January 2022 |
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Applicant detained over two years granted bail where prosecution did not oppose and interests of justice favoured release.
Bail pending trial — prolonged pre-trial detention; Bail Guidelines Act 2000 factors (flight, witness interference, danger, public order); burden on prosecution to justify continued detention; court's duty to weigh personal circumstances even if prosecution does not oppose bail; directions to expedite trial.
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6 January 2022 |
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The applicant's prolonged pre-trial detention warranted bail pending trial, subject to conditions and expedited committal.
Bail — constitutional right to bail (section 42(2)(e)) — Bail Guidelines Act 2000 — interests of justice — prolonged pre-trial detention — burden on State to oppose bail — court's independent duty to weigh personal circumstances — conditions and directions to expedite trial.
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6 January 2022 |
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Courts granted bail where statutory pre-trial custody limits had been exceeded or were imminent and the State did not oppose, imposing protective conditions.
Bail pending trial — constitutional right subject to interests of justice — expiry/prolonged pre-trial custody limits — prosecution non-objection — appropriate bail conditions and reporting — court directions for committal/disclosure and trial timetable.
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6 January 2022 |
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Courts granted bail where investigations were complete or remand prolonged, imposing conditions to protect the interests of justice.
Criminal procedure – Bail pending trial – Constitutional right to bail limited by interests of justice – Effect of completed investigations and State non‑opposition – Prolonged remand and expiry of pre‑trial custody limits – Conditions to prevent flight, witness interference and evidence tampering.
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6 January 2022 |
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Applicant on prolonged remand for alleged murder granted bail where State did not justify continued detention; trial steps ordered.
Criminal law – Bail – Right to bail under section 42(2)(e) of the Constitution – Bail Guidelines Act factors (evasion, witness interference, danger to community, public order) – Burden on State to justify detention – Prolonged remand/expired pre-trial custody – Bail granted with conditions; directions for trial.
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6 January 2022 |
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Court stayed a hospital arrest, finding it unlawful and unconscionable, and transferred the judicial review for urgent inter partes hearing.
Judicial review – prosecutorial/investigative discretion – abuse of process – hospital arrest – violation of constitutional arrest rights (s42) and Criminal Procedure provisions (s20A) – interim stay and transfer for inter partes hearing.
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1 January 2022 |