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Lilongwe District Registry - 2024 December

2 judgments
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2 judgments
December 2024
Attorney General v Joshua Chisa Mbele (Constitutional Referral No. 2 OF 2024; Criminal Case No. 43 of 2022) [2024] MWHC 76 (17 December 2024)
A defendant who refers a constitutional challenge becomes the claimant; the Attorney General remains a neutral constitutional advisor.
  • Constitutional law
    • — Constitutional referrals — Whether Attorney General should be claimant where lower court certifies referral — Role of AG as neutral custodian of the Constitution
    • — Burden of proof — Presumption of constitutionality and onus on party challenging legislation
  • Civil procedure — Order 19 CPR — Commencement and citation of constitutional proceedings — Party who moves the court should be claimant
17 December 2024
Phiri v Phiri (Civil Appeal No. 10 of 2022 (Being High Court of Malawi, Lilongwe District Registry, Matrimonial Cause No. 259 of 2015)) [2024] MWHC 62 (17 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