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High Court of Malawi - 2024 April

3 judgments
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3 judgments
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Judgment date
April 2024
Kaliya v Times Television Limited (Civil Cause 153 of 2015) [2024] MWHC 26 (19 April 2024)
Court awarded MK6,000,000 compensatory damages for defamation but declined exemplary damages for lack of malicious publication.
Defamation — libel for alleged robbery; compensatory damages awarded MK6,000,000 — exemplary damages refused for lack of malicious/guilty knowledge; claimant failed to prove pecuniary loss; damages must be pleaded and proved (Order 7 r.21); courts must balance reputation remedies with press freedom; UK personal-injury comparator not adopted.
 19 April 2024
Ali v First Capital Bank (Commercial Cause 52 of 2024) [2024] MWHC 14 (15 April 2024)
Failure to disclose parallel proceedings and attempting collateral attack on another court's decision amounted to abuse of process; action struck out.
Civil procedure — Ex parte relief — Duty of full and frank disclosure of pending proceedings — Concurrent jurisdiction — Abuse of process — Action impermissible to challenge decisions of another court — Striking out and discharge of injunction; costs.
 15 April 2024
Batatawala and Another v Director of Anti Corruption Bureau and Another (Constitutional Cause 1 of 2023) [2024] MWHC 19 (10 April 2024)
Retrospective application of the FCA was found by necessary implication but did not violate constitutional protections against conviction for non-offences.
Constitutional law – retrospectivity of statutes – Financial Crimes Act section 42 vs repealed MLA section 35 – interpretation of saving provision section 141(2) FCA – right not to be convicted for non-existent offence and protection against harsher retrospective penalties – procedural commencement via constitutional referral (Order 19 CPR).
 10 April 2024