Lilongwe District Registry - 2024

5 judgments

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5 judgments
Citation
Judgment date
December 2024
Unexplained division of matrimonial property set aside and remitted for rehearing due to lack of reasons and analysis.
Matrimonial property distribution — duty to give reasons — assessment of contributions and parties' intentions — improper delegation to Registrar — remittal for rehearing.
17 December 2024
November 2024
Whether seized foreign currency should be forfeited where a businessperson hid funds and used a fake receipt, outweighing mitigating circumstances.
Exchange control — Regulation 36(1) discretionary forfeiture of foreign currency — judicial exercise of discretion — aggravating factors (large sum, concealment, forged receipt, business person) v. mitigating factors (first offender, plea, alleged hardship) — precedents: Kamanga; Zheng Yan; Henry Kopa; Ashraf Bdallal El Ali — requirement to hear accused in opposition to forfeiture.
20 November 2024
October 2024
Interpleader claim dismissed where claimant failed to follow Sheriff Act procedure and did not prove ownership of seized goods.
Interpleader relief; section 11(a)(iii) Courts Act; Order 29 CPR scope; section 20 Sheriff’s Act (Sheriff interpleader summons); burden to prove ownership of goods seized in execution.
25 October 2024
March 2024
A statutory corporation (municipal council) is not exempt from enforcement under Order 34 rule 4 absent express statutory immunity.
Civil procedure — Order 34 rule 4 CPR 2017 — exemption from enforcement applies to Government or public officers as defined by statute; statutory corporations do not automatically enjoy Crown-type immunities absent express statutory provision.
6 March 2024
January 2024
27 January 2024