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High Court of Malawi - 2024 August

3 judgments
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3 judgments
August 2024
S ( on the application of Kayange, Mkandawire & Tchuwa) v Assistant Registrar of the High Court of Malawi (13 of 2024) [2024] MWHC 55 (12 August 2024)
Registrar’s refusal to issue admission petitions was a judicial act; appeal, not judicial review, was the appropriate remedy.
  • Judicial review — Registrar's refusal to issue court documents — issuance as a judicial function requiring application of judicial mind — decisions of Registrar exercising judicial functions not amenable to judicial review — alternative remedy by appeal — exhaustion of remedies.
12 August 2024
State (on Application of Kayange and 2 Others) v Assistant Registrar of the High Court of Malawi (Judicial Review Cause 13 of 2024) [2024] MWHC 41 (12 August 2024)
Permission for judicial review refused because the Assistant Registrar’s act was judicial and appeal, not review, was the appropriate remedy.
  • Judicial review — Registrar’s functions — Issuance/rejection of court processes as judicial acts — Amenability to judicial review vs appeal — Alternative remedy (appeal) required before review — Natural justice and ultra vires challenge to admission-to-bar decision.
12 August 2024
State (on Application of Kayange and 2 Others) v Assistant Registrar of the High Court of Malawi (Judicial Review Cause 13 of 2024) [2024] MWHC 42 (12 August 2024)
Permission to seek judicial review denied because the Registrar acted in a judicial capacity and an appeal, not review, was the appropriate remedy.
  • Administrative law — judicial review — registrar’s issuance of court processes is a judicial function; decisions by a registrar exercising judicial power are not amenable to judicial review but to appeal; judicial review is a remedy of last resort where alternative remedies exist.
12 August 2024