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Lilongwe District Registry - 2019

4 judgments
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4 judgments
Citation
Judgment date
November 2019
Mijiga v Malawi Revenue Authority (Revenue Cause 3 of 2019) [2019] MWHC 256 (21 November 2019)
Proceedings struck out because they were commenced under superseded rules and instituted by an unlicensed practitioner.
Civil procedure — Rules of Court: RSC superseded by CPR 2017 — Proceedings instituted under former rules invalid; Right of audience — Legal practitioner must hold current practising licence — Processes instituted by unlicensed practitioner are nullities; Relief — striking out and costs.
 21 November 2019
June 2019
Kalilani & 8 Others v Jiva & 10 Others (Electoral Case of 2019) [2019] MWHC 261 (12 June 2019)
A section 114 election petition is incompetent absent a prior Commission decision on the alleged irregularity.
Electoral law; s.114 Parliamentary and Presidential Elections Act — appeal lies only from a Commission decision confirming/rejecting irregularity; complaints under s.113 required first; judicial review distinct remedy; grounds for voiding election limited to s.114(3).
 12 June 2019
May 2019
Banda v Attorney General (Civil Cause 1298 of 2015) [2019] MWHC 260 (23 May 2019)
Prisoner passenger owed duty of care, but insufficient proof of driver negligence and causation; claim dismissed.
Tort — negligence — duty of care of prison authorities to prisoner-passenger; authorization to be carried; evidential burden on breach and causation; statutory breaches (carrying passengers in goods vehicle; insurance; certificate of fitness) noted but not shown to establish negligence; failure to tender medical evidence defeats causation.
 23 May 2019
January 2019
Lilongwe City Council v Khuleya (Civil Cause 668 of 2018) [2019] MWHC 262 (23 January 2019)
Unpaid city rates exceeding K2,000,000 constitute a commercial matter and must be heard in the Commercial Division.
Civil procedure — High Court Divisions — Commercial Division jurisdiction; definition of "commercial matter"; monetary threshold set at K2,000,000; transfer under s.6A(2) of the Courts Act; city rates not a "revenue matter" under Courts Act.
 23 January 2019