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Blantyre Principal Registry - 2023

2 judgments
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2 judgments
October 2023
State(on the Application of the Registered Trustees of Seventh Day Adventist Association of Malawi )v Minister of Justice (Judicial Review Case 55 of 2021) [2023] MWHC 131 (27 October 2023)
Whether a trust can be incorporated without statutory compliance and who may properly represent the corporate claimant.
  • Trustees incorporation — compliance with Trustees Incorporation Act and Trustees Incorporation Rules; requirement to examine Form A, constitutions, fees and verified signatures — Wednesbury unreasonableness — quashing order (certiorari) — nullity of forged certificate — locus standi and proper corporate representation.
27 October 2023
R v Chilumpha and Another (Criminal Cause 13 of 2006) [2023] MWHC 128 (18 October 2023)
Accused discharged under section 247(1) after 15-year prosecutorial dormancy and State's unwillingness to proceed.
  • Criminal procedure — Prosecutorial delay — Discharge under section 247(1) of the Criminal Procedure and Evidence Code — Discontinuance under section 77(1) limited to DPP — Section 286 remedies for delay — Right to fair trial within a reasonable time.
18 October 2023