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High Court of Malawi - 2024 January

15 judgments
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15 judgments
January 2024
Republic v Nkhunda (Criminal Review Case 1 of 2024) [2024] MWHC 3 (30 January 2024)
Conviction quashed where facts established incest requiring DPP's written consent; trial ordered de novo with directions.
  • Criminal procedure — Review of subordinate court proceedings — Charge irregularity; incest (s.157 Penal Code) vs rape (s.133 Penal Code); requirement of DPP's written consent for prosecutions within prohibited degrees of consanguinity; conviction quashed; trial de novo ordered.
30 January 2024
Chatchuka v Attorney General and Another (Civil Cause 27 of 2021) [2024] MWHC 18 (29 January 2024)
Assessment of quantum for unfair dismissal, gratuity, pension and notice pay under Defence Force Regulations.}
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29 January 2024
Chauma v Chinema and 2 Others (Personal Injury Cause 148 of 2020) [2024] MWHC 21 (29 January 2024)
Whether a Final Third-Party Debt Order can be set aside for alleged misrepresentation of claimant’s status (sole trader v partnership).
  • Civil procedure — Third-Party Debt Order — application to set aside Final Third-Party Debt Order; Partnership law — status of claimant (sole trader v partnership) and effect on liability; Courts (High Court) (Civil Procedure) Rules 2017 — Order 28 rule 17 — objections pre-final order; Abuse of process — striking out.
29 January 2024
Tung'ande v Chidwala, Thengele & Emily (Miscellaneous Civil Cause 87 of 2021) [2024] MWHC 64 (27 January 2024)
27 January 2024
Chinangwa t/a Chinangwa Trading v Electricity Supply Corporation of Malawi Limited (Civil Cause 401 of 2020) [2024] MWHC 29 (25 January 2024)
Claimant failed to prove defendant’s negligence or statutory breach in fire allegedly caused by high voltage; claim dismissed with costs.
  • Tort — Negligence in electricity supply; causation; high voltage vs high current; short-circuit principles; res ipsa loquitur inapplicable; statutory reporting/arbitration (MERA) not mandatory.
25 January 2024
Makatanje v Press Properties Limited (Commercial Cause 187 of 2023) [2024] MWHC 11 (25 January 2024)
Interim injunction continued pending trial as triable issue exists over whether a counteroffer negated the sale agreement; damages inadequate for land.
  • Property law — interim injunction — existence of enforceable agreement for sale of land — whether offeree’s response amounted to a counteroffer or mere request for variation — adequacy of damages for land — balance of convenience — referral to mediation.
25 January 2024
Makatanje v Press Properties LTD (Commercial Cause 187 of 2023) [2024] MWHC 2 (25 January 2024)
Interim injunction maintained due to triable issue on offer/counteroffer and inadequacy of damages for land.
  • Interim injunction — whether a triable issue exists as to formation of contract (offer v counteroffer) — uniqueness of land and inadequacy of damages — balance of convenience — continuation of interlocutory injunction; referral to mediation.
25 January 2024
Nomanda and 20 Others v City Council of Blantyre (Civil Cause 30 of 2021) [2024] MWHC 30 (25 January 2024)
Court dismissed both claim and counterclaim for want of prosecution after 35 months' inaction.
  • Civil procedure — dismissal for want of prosecution — Order 12 r 54 — inordinate and inexcusable delay — abuse of court process — counterclaim also dismissed — costs: each party to bear own costs.
25 January 2024
Nomanda and 20 Others v City Council of Blantyre (Civil Cause 30 of 2021) [2024] MWHC 31 (25 January 2024)
Both claim and counterclaim dismissed for want of prosecution after 35 months' inaction; each party to bear its own costs.
  • Civil procedure — Dismissal for want of prosecution under Order 12, rule 54 — Inordinate delay and abuse of process — Counterclaim also dismissed — Overriding objective and case-management non-compliance — Costs: each party to bear own costs.
25 January 2024
Mdedza and 22 Others v Chitimbe (Commercial Cause 163 of 2023) [2024] MWHC 17 (24 January 2024)
Summary judgment granted where defence was a sham; stay for related criminal proceedings denied.
  • Civil procedure — stay of civil proceedings pending criminal proceedings; summary judgment — general denial treated as sham under Order 7 r 6 CPR; monetary claims vs criminal restitution; party-and-party costs only.
24 January 2024
Gestetner Limited v Mhango (Commercial Cause 66 of 2020) [2024] MWHC 16 (22 January 2024)
A dispute founded on employment contract restraints belongs to the Industrial Relations Court, not the High Court Commercial Division.
  • Jurisdiction — High Court (Commercial Division) v Industrial Relations Court — employment contract disputes; restraint of trade in employment — enforceability and reasonableness vis-à-vis constitutional right to work (s.29); definition of "commercial matter" (Courts Act s.2).
22 January 2024
Gestetner LTD v Mhango, Silungwe & Gondwe (Commercial Cause 66 of 2020) [2024] MWHC 1 (22 January 2024)
Whether a restraint-of-trade claim arising from employment belongs to the Industrial Relations Court rather than the Commercial Division.
  • Jurisdiction — Commercial Division v Industrial Relations Court — enforcement of post‑termination restraint in employment contract — whether dispute is commercial or labour — reasonableness of restraint and constitutional right to economic activity (section 29).
22 January 2024
Kachembere v Mulasa (Land Cause 137 of 2023) [2024] MWHC 32 (22 January 2024)
Court set aside a without-notice injunction after the claimant failed to comply with filing, service and attendance conditions.
  • Civil procedure — interlocutory injunctions — without-notice orders — inherent power to set aside/discharge suo motu — non-compliance with terms (filing, service, attendance) — Order 10 r.27 — overriding objective.
22 January 2024
R v Mwanavekha and 2 Others (Criminal Case 19 of 2023) [2024] MWHC 28 (9 January 2024)
Applicant discharged under section 247 due to prosecutorial inability to produce evidence; court warns against prosecutions without evidence.
  • Criminal procedure — Discharge under section 247 CP & EC where prosecutor unable/unwilling to proceed; discontinuance as DPP's exclusive constitutional power; inapplicability of section 270 at substantive trial stage; prosecutorial duty to terminate prosecutions lacking credible evidence; abuse of process and protection of personal liberty.
9 January 2024
Energem Petroleum Limited v General Alliance Insurance Company Limited (Commercial Cause 316 of 2018) [2024] MWHC 13 (4 January 2024)
Court set aside stay of enforcement and issued a third‑party debt order against the respondent's bank for assessed costs.
  • Civil procedure — stay of execution of costs order — setting aside stay for inordinate delay and failure to prosecute review — third‑party debt order against bank — respondent's ability to repay — costs awarded to respondent.
4 January 2024