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Principal Registry - 2001 April

3 judgments
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3 judgments
April 2001
Msisha v City of Blantyre (Civil Cause 2128 of 2000) [2001] MWHC 111 (27 April 2001)
An ex parte stay of execution requires full disclosure and particulars of any meritorious defence; bare assertions will be vacated.
  • Civil procedure — Stay of execution — Order 47/1 — Ex parte applications — Duty of full and frank disclosure by counsel — Meritorious defence must be particularised — Summary judgment — Vacatur of stay.
27 April 2001
Mtivale v R (Criminal Appeal 6 of 2002) [2001] MWHC 86 (23 April 2001)
Appeal dismissed: joint-enterprise conviction for attempted robbery and three-year sentence affirmed.
  • Criminal law — Attempted robbery — Joint enterprise/acting in concert (s.21 Penal Code) — Credibility of complainant — Aggravated robbery where committed in company — Sentence proportionality.
23 April 2001
Katupi v Namagonya (Civil Cause 136 of 1997) [2001] MWHC 116 (6 April 2001)
Court ordered estate administrators to render accounts and join the Administrator General, refusing immediate revocation despite mismanagement.
  • Administration of estates — duty of administrator to call in assets, pay creditors, account and protect minors’ interests — failure to account — revocation of letters of administration discretionary — alternative remedies: joinder of Administrator General and applicants, mandatory accounting and scheme for minors — costs against defaulting administrators.
6 April 2001