High Court of Malawi - 2023 October

6 judgments

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6 judgments
Citation
Judgment date
October 2023
31 October 2023
Whether a trust can be incorporated without statutory compliance and who may properly represent the corporate claimant.
Trustees incorporation — compliance with Trustees Incorporation Act and Trustees Incorporation Rules; requirement to examine Form A, constitutions, fees and verified signatures — Wednesbury unreasonableness — quashing order (certiorari) — nullity of forged certificate — locus standi and proper corporate representation.
27 October 2023
Accused discharged under section 247(1) after 15-year prosecutorial dormancy and State's unwillingness to proceed.
Criminal procedure — Prosecutorial delay — Discharge under section 247(1) of the Criminal Procedure and Evidence Code — Discontinuance under section 77(1) limited to DPP — Section 286 remedies for delay — Right to fair trial within a reasonable time.
18 October 2023
A preliminary objection was sustained and the claimant ordered to bring contempt proceedings over an alleged breach of a freezing order.
Commercial law – freezing injunction – preliminary objection – full and frank disclosure – real risk of dissipation – arbitration clause – alleged breach of freezing order – contempt proceedings.
13 October 2023
Court sustained preliminary objection and directed claimant to bring contempt proceedings over alleged encashment of bank guarantee.
Commercial law — freezing injunction — bank guarantees — preliminary objection — full and frank disclosure — risk of dissipation — alleged contempt for cashing guarantee — arbitration clause.
13 October 2023
Bail granted where State failed to prove flight risk or danger to applicant's life, subject to conditions.
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4 October 2023