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65 judgments
March 2017
Iman v Republic (Miscellaneous Criminal Case 20 of 2017) [2017] MWHC 923 (30 March 2017)
Detention beyond statutory remand periods without imminent trial is unlawful; court ordered a timetable and trial date to remedy delay.
  • Criminal procedure — remand periods — s161F & s161G — illegal detention where trial not imminent — prosecutorial delay and funding constraints — court-ordered timetable to compel prompt trial.
30 March 2017
November 2016
Sankhula v Attorney General (Civil Cause 705 of 2014) [2016] MWHC 720 (1 November 2016)
Keeper of a dangerous wild animal held liable for injury outside park; statutory indemnity did not apply.
  • Tort — Negligence — Keeper of dangerous wild animal — Duty to prevent escape — Statutory indemnity (National Parks and Wildlife Act s121(5)) inapplicable where injured person was outside protected area — Damages and costs awarded.
1 November 2016
September 2013
Namiti Mtsuko v Isaac Jere (Civil Appeal 8 of 2011) [2013] MWHC 498 (15 September 2013)
An appellant cannot dispossess longstanding customary occupiers; long use of customary land confers protected rights.
  • Customary land — rights of use not alienable title — long uninterrupted occupation confers protectable rights; access to courts not ousted by chiefs’ processes; procedural irregularity (delay and improper fees) criticized but insufficient to overturn substantive decision
15 September 2013
Lobi v Kagwela (Land Cause 213 of 2022) [2013] MWHC 492 (1 September 2013)
High Court dismissed a customary land claim as prematurely commenced; statutory land tribunals under the Customary Land Act must first adjudicate.
  • Customary land disputes — jurisdiction — Customary Land Act 2016 Part VII — requirement to institute customary land tribunals and district land tribunals; non-establishment and undue delay; judicial duty to give effect to statute; High Court not competent at first instance for matters assigned to statutory tribunals; precedential weight of Polypet Packaging Industries v. OG Plastic Industries; Kennes Msuku obiter dicta per incuriam
1 September 2013
August 2013
Mpotandevu v R (Criminal Appeal 185 of 2012) [2013] MWHC 491 (8 August 2013)
Court quashed robbery and unlawful wounding convictions where evidence was insufficient and a plea of guilty was improperly accepted.
  • Criminal law — sufficiency of evidence for robbery conviction — duplication of convictions; Criminal procedure — plea of guilty — admissibility and weight of caution/denial statements (Rep v Chikakuda) — requirement to treat qualified admissions as not guilty pleas.
8 August 2013
April 2005
Metani v Pharmacy, medicines and Poisons Board (Civil Cause 580 of 2001) [2005] MWHC 134 (19 April 2005)
Long delay and lack of sufficient cause barred defendant’s request; default judgment and damages reinstated.
  • Civil procedure — Default judgment and assessment of damages — Setting aside or varying orders — Order 24 r 17 ‘sufficient cause’ — Consent order for directions — Delay and lack of diligence — Loss of records by fire and file reconstruction not automatically sufficient cause.
19 April 2005
May 2004
State and Another v Malawi Electoral Commission and 2 Others (Miscellaneous Civil Cause 11 of 2004) [2004] MWHC 112 (17 May 2004)
Electoral Commission unlawfully added MSCE requirement; Returning Officer unlawfully rejected and failed to transmit nomination papers.
  • Electoral law — Candidate qualifications — Interpretation of constitutional and statutory requirement to be able to "speak and read English" — Electoral Commission's imposition of MSCE prerequisite held unreasonable and ultra vires; Returning Officer's failure to transmit nomination papers under Section 40 (procedural duty) — Judicial review: illegality, irrationality (Wednesbury), procedural impropriety; mandamus to accept nominations.
17 May 2004
November 2001
Chilemba v New Building Society (NBS) (Civil Cause 131 of 2000) [2001] MWHC 81 (9 November 2001)
Court refused injunction preventing mortgagee’s contractual power of sale; plaintiff lacked a good arguable case.
  • Civil procedure — interlocutory injunction — application of American Cyanamid test; Mortgage law — contractual power of sale — courts reluctant to restrain a bona fide exercise of power of sale under a legal charge.
9 November 2001
February 2001
Malawi Human Rights Commission v Attorney General (Miscellaneous Cause 1119 of 2000) [2001] MWHC 106 (9 February 2001)
Whether the Human Rights Commission may sue in its own name and when it must consult affected persons.
  • Human Rights Commission — constitutional and statutory powers — Sections 129 and 130 Constitution; Section 12 Human Rights Commission Act — capacity and standing to sue suo motu or in representative capacity — prohibition on exercising judicial or legislative functions — requirement to consult affected persons before instituting suit — leave for judicial review refused.
9 February 2001
October 1999
Mkandawire and others v Attorney General and 2 others (Civil Cause 2 of 1999) [1999] MWHC 8 (18 October 1999)
Whether an electoral petition under s100 could be informally converted into a s114 appeal; court struck the action off for non‑compliance.
  • Electoral petitions — procedure and jurisdiction; distinction between s100 (48‑hour petition) and s114 (appeal by petition); meaning of “fresh petition” as new action; striking off for want of prosecution; amendment limitations in election petitions.
18 October 1999
July 1999
Chakuamba and 2 others v Attorney General and 2 others (Civil Cause 11 of 1999) [1999] MWHC 24 (15 July 1999)
15 July 1999
November 1994
Kandota v National Bank of Malawi (Civil Cause 98 of 1988) [1994] MWHC 16 (3 November 1994)
Plaintiff’s claims were statute-barred and unsupported; defendant’s counterclaim failed for lack of proof of computation of indebtedness.
  • Limitation of actions — accrual date for claims arising from farmer’s stop order and company incorporation; sufficiency of evidence for monetary claim; burden to prove computation of indebtedness; guarantees, undue influence and bank’s duty to advise independent legal advice (Barclays Bank v C’Brien).
3 November 1994
August 1994
Chadewa v The Attorney General (Civil Cause 245 of 1993) [1994] MWHC 8 (9 August 1994)
False imprisonment aggravated by custodial sexual assault and denial of food/visits resulted in K35,000 compensatory damages.
  • False imprisonment — assessment of general damages — damages at large — custodial sexual assault and denial of food/visits as aggravating factors — prison authority awareness — exemplary damages not awarded where not pleaded — award K35,000 for 17 days detention.
9 August 1994
November 1993
Wyson v Principle Secretary Labour HQTS &1 other (Civil Cause 123 of 1993) [1993] MWHC 37 (18 November 1993)
Seizure of a retiree's tools and withholding of pension without authority held unlawful; damages claim dismissed on procedural grounds.
  • Administrative law — Judicial review — Ultra vires seizure of tools of trade and withholding of pension — Government loan terms and repayment — Procedural non‑compliance for damages claims (Order 53 r.7) — Order 35 applied where respondents absent.
18 November 1993
November 1989
Zgambo v Kasungu Flue Cured Tobacco (Civil Cause 105 of 1988) [1989] MWHC 21 (14 November 1989)
14 November 1989