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High Court of Malawi - 2024 December

5 judgments
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5 judgments
December 2024
Admarc Limited v Alex Malikebu and 3281 Others (Miscellaneous Civil Cause Number 91 of 2024) [2024] MWHC 74 (23 December 2024)
Whether a stay pending appeal should be granted where employer alleges appeal merits but cites financial incapacity.
  • Labour law — stay of execution pending appeal — criteria for granting stay (prima facie merits, nugatory appeal, prejudice) — unfair dismissal — retrenchment — consultation — ultra vires ministerial action — financial incapacity not determinative.
23 December 2024
Amaan Investments v Huawei Technologies (Blantyre) Co. Ltd (Commercial Cause 36 of 2024) [2024] MWHC 77 (18 December 2024)
18 December 2024
Attorney General v Joshua Chisa Mbele (Constitutional Referral No. 2 OF 2024; Criminal Case No. 43 of 2022) [2024] MWHC 76 (17 December 2024)
A defendant who refers a constitutional challenge becomes the claimant; the Attorney General remains a neutral constitutional advisor.
  • Constitutional law
    • — Constitutional referrals — Whether Attorney General should be claimant where lower court certifies referral — Role of AG as neutral custodian of the Constitution
    • — Burden of proof — Presumption of constitutionality and onus on party challenging legislation
  • Civil procedure — Order 19 CPR — Commencement and citation of constitutional proceedings — Party who moves the court should be claimant
17 December 2024
Phiri v Phiri (Civil Appeal No. 10 of 2022 (Being High Court of Malawi, Lilongwe District Registry, Matrimonial Cause No. 259 of 2015)) [2024] MWHC 62 (17 December 2024)
Unexplained division of matrimonial property set aside and remitted for rehearing due to lack of reasons and analysis.
  • Matrimonial property distribution — duty to give reasons — assessment of contributions and parties' intentions — improper delegation to Registrar — remittal for rehearing.
17 December 2024
Malikebu & 3281 Others v (IRC MATTER 554 of 2023) [2024] MWHC 58 (3 December 2024)
Court granted a conditional stay pending appeal but required the respondent to pay 50% of each decretal award immediately.
  • Industrial/Employment law — stay of execution pending appeal — onus on party seeking suspension — necessity for cogent evidence of impecuniosity or risk of appeal being rendered nugatory — balancing justice between parties — conditional stay by requiring substantial interim payments.
3 December 2024