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Principal Registry - 2014

12 judgments
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12 judgments
Citation
Judgment date
November 2014
Nayeja v Nayeja (Matrimonial Cause 23 of 2008) [2014] MWHC 505 (6 November 2014)
Committal for contempt requires personal service of notification of adjourned hearing; lack of proof of service led to dismissal.
Committal for contempt – personal service of order and notice required – adjourned hearing dates require fresh personal service unless dispensed by order – absence of proof of service fatal to committal application.
 6 November 2014
October 2014
Mussa v Kainga and Another (Election Petition 14 of 2014) [2014] MWHC 514 (17 October 2014)
Petition for recount and alleged barring of monitors dismissed for failure to prove material irregularities.
:[
 17 October 2014
September 2014
Bauleni and 2 others v Sunbird Tourism Limited (Miscellaneous Application 42 of 2014) [2014] MWHC 495 (25 September 2014)
Stay of execution pending appeal denied where applicant failed to prove successful party could not repay the award.
Civil procedure – stay of execution pending appeal – party seeking stay must adduce evidence that successful party cannot repay; discretionary balancing of risks; ‘‘broad approach’’ (ruin and prospects of success) not displacing traditional test.
 25 September 2014
Malawi Revenue Authority v Munshi (Civil Appeal Cause 67 of 2013) [2014] MWHC 506 (11 September 2014)
11 September 2014
August 2014
MC Company v Director of Anti Corruption Bureau (Civil Cause 214 of 2014) [2014] MWHC 515 (12 August 2014)
Summary judgment under Order 14 inappropriate where contractual terms and disputed facts require full trial; application dismissed with costs.
Civil procedure — Summary judgment (Order 14) — Debt claim for unpaid bills — Requirement that defendant have no defence — Disputed contractual terms and need for taxation/ full trial.
 12 August 2014
July 2014
Phiri v Electoral Commission (Election Petition 25 of 2014) [2014] MWHC 493 (4 July 2014)
The applicant's election petition was dismissed as time-barred; broadcast declaration triggered the seven-day filing period.
Electoral law – Time limits for election petitions – Interpretation of section 100(1) PPE Act – Computation of time (General Interpretation Act s45) – Effect of section 99 publication requirements on commencement of limitation period – Declaration by broadcast sufficient to trigger time limit.
 4 July 2014
Kamkwatira v Electoral Commission & Khembo (Election Petition 12 of 2014) [2014] MWHC 494 (3 July 2014)
The applicant failed to show alleged tally-sheet tampering likely affected the result; recount denied and petition dismissed.
Election law – Parliamentary and Presidential Elections Act s114(4) – requisites for recount; burden of proof (balance of probabilities); s93(2) entitlement to copies of tally summaries; parallel vote tabulation admissibility and reliability; electoral transparency and safeguards for tally-sheet alterations.
 3 July 2014
March 2014
Electoral Commission v Safuli (Election Case 3 of 2014) [2014] MWHC 512 (28 March 2014)
A statutory university lecturer is not a civil servant for eligibility disqualification; leave of absence is not resignation.
Election law – candidate eligibility – "public office" defined narrowly as civil service – university lecturers not civil servants – leave of absence v. resignation – s51(2)(e) Constitution; s40 Parliamentary and Presidential Elections Act.
 28 March 2014
Malawi Electoral Commission v Kalua (Miscellaneous Election Petition 4 of 2014) [2014] MWHC 513 (28 March 2014)
Board membership of a statutory corporation is not necessarily a "public office" under section 51(2)(e); resignation before nomination cures disqualification.
Constitutional interpretation — "public office" in section 51(2)(e) limited to civil service; statutory corporation board membership not per se a public office; resignation prior to nomination cures disqualification; election procedure — section 40 PPE Act referral and duty to afford procedural fairness; binding precedent and duty to follow Supreme Court of Appeal.
 28 March 2014
Malawi Electoral Commission v Ngwale (Miscellaneous Election Petition 8 of 2014) [2014] MWHC 510 (24 March 2014)
The affected parties were granted leave to appeal; counsel reprimanded for including a misleading postscript and unprofessional conduct.
Electoral law — fresh elections — voters' roll to be used — candidate eligibility — procedural conduct of counsel — improper inclusion of 'postscript' in formal order — respect for court orders — leave to appeal granted.
 24 March 2014
Malawi Electoral Commission v Ngwale (Miscellaneous Election Petition 8 of 2014) [2014] MWHC 511 (24 March 2014)
Leave to appeal granted; court reprimanded counsel for improper postscript and unprofessional attempts to revisit its order.
Electoral law – fresh elections – use of voters' roll; leave to appeal; joinder of affected parties; professional conduct of counsel; propriety of postscripts in formal court orders.
 24 March 2014
January 2014
Blantyre Newspapers Limited v Simango (IRC Appeal 6 of 2011) [2014] MWHC 507 (20 January 2014)
Appeal dismissed: section 63 awards compensate pecuniary loss (monetary quantification), minima are floors, employer must prove non-mitigation.
Employment law — Unfair dismissal — Section 63 Employment Act: compensation for 'loss' (pecuniary), heads of loss not closed, awards must be quantified monetarily; s63(5) prescribes minima not mandatory month-per-year multipliers; burden of proof on employee for loss and on employer for failure to mitigate; appeal competent on question of law.
 20 January 2014