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Blantyre Principal Registry - 2024 October

3 judgments
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3 judgments
October 2024
Mthuzi v Transglobe Produce Exports LTD & General Alliance Insurance Limited (Civil Cause 381 of 2021) [2024] MWHC 67 (18 October 2024)
Insurer subrogation succeeds where driver of BR 398 failed to give way, entitling recovery of MK15,390,000 plus interest and costs.
  • Road traffic negligence — duty to give way at junction; proof by photographs and damage pattern; insurer’s right of subrogation to sue in insured’s name; discretion to admit late documents under frontloading rules; award of compound interest and costs.
18 October 2024
Fargo Ltd v Lilongwe university of Agriculture & Natural Resources (46 of 2024) [2024] MWHC 56 (16 October 2024)
The court ceased jurisdiction after referral to arbitration and declined to entertain further applications.
  • Arbitration law — Referral to arbitration cedes court jurisdiction — Court obliged to honour arbitration agreement; inability to hear matters once jurisdiction ceded; procedural delay attributable to counsel’s failure to appoint arbitrator.
16 October 2024
Democratic Progressive Party v Malawi Electoral Commission (Civil Cause 127 of 2024) [2024] MWHC 51 (9 October 2024)
Registrar rejects originating summons as procedurally defective, abusive, and brought by a claimant lacking standing.
  • :[
9 October 2024