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High Court of Malawi - 2024 March

6 judgments
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6 judgments
March 2024
Malimwe v First Capital Bank Limited (Civil Case 240 of 2019) [2024] MWHC 24 (30 March 2024)
Bank’s report to police not actionable as false imprisonment or defamation; claimant failed to prove medical causation or special damages.
  • False imprisonment — distinction between reporting to police and laying charges; police’s independent discretion; defamation by imprisonment — imputations attributable to detaining authority; damages — causation and authentication of medical evidence; special damages must be specifically pleaded and proved.
30 March 2024
R v Dzimadzi (Criminal Review Case 4 of 2022) [2024] MWHC 33 (20 March 2024)
Prosecution must authenticate photo/video evidence, but acquittal stands where grievous harm under section 235(a) is not proved.
  • Evidence — Admissibility of photographs and video — Section 179 CP&EC — Prima facie authentication by competent witness; Burden on prosecution to establish provenance and originality
  • Criminal law — Section 235(a) Penal Code — Elements require unlawful wounding or grievous harm plus intention; medical evidence relevant to actus reus
  • Criminal procedure — Review powers — High Court may correct misdirections but cannot substitute convictions for offences not charged; alternative verdicts constrained by Supreme Court authority (State must amend)
20 March 2024
Banda v Malawi Post Corporation (Personal Injury Cause 138 of 2020) [2024] MWHC 22 (19 March 2024)
Claims for false imprisonment, defamation and malicious prosecution failed; conversion established only as to retained office chattels, not the claimed money.
  • False imprisonment — distinction between reporting a crime and laying charges; Malicious prosecution — must prove prosecution by defendant, favourable termination, lack of reasonable cause and malice; Conversion — wrongful retention of chattels and denial of access; Pleadings — evidence inconsistent with pleadings may be rejected; Civil standard of proof — balance of probabilities.
19 March 2024
Kuweruza v Kampaundi (Civil Appeal 116 of 2016) [2024] MWHC 20 (18 March 2024)
Appellate court found the purported will invalid, held customary law must be proved under section 64, and restored land to the appellant and siblings.
  • Succession and customary land — validity of will under DEWIPA — DEWIPA prevails over customary law on inheritance — customary law is a question of fact requiring proof under section 64 Courts Act — proof required before land can be treated as attached to chieftaincy — Magistrate court jurisdiction and remedies for property loss.
18 March 2024
Dr Makadia v FMB Capital Holdings Limited PLC (Commercial Case 27 of 2018) [2024] MWHC 12 (15 March 2024)
Court reduced excessive costs, limited senior counsel and combined in-house fees, and awarded MWK21,625,940.25 in taxed costs.
  • Costs assessment — Order 31 CPR 2017 — reasonableness and proportionality of costs; standard vs indemnity assessment (legal practitioner and own client); Senior Counsel fees and proof of use; allocation of hours and hourly rates; disallowance of MLS levy and duplicate VAT claims; care and conduct allowances.
15 March 2024
Munthali v Mzuzu City Council (Commercial Case 160 of 2015) [2024] MWHC 15 (6 March 2024)
A statutory corporation (municipal council) is not exempt from enforcement under Order 34 rule 4 absent express statutory immunity.
  • Civil procedure — Order 34 rule 4 CPR 2017 — exemption from enforcement applies to Government or public officers as defined by statute; statutory corporations do not automatically enjoy Crown-type immunities absent express statutory provision.
6 March 2024