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Principal Registry - 2015

6 judgments
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6 judgments
Citation
Judgment date
October 2015
Kalitera v Mbewe (Land Cause 43 of 2013) [2015] MWHC 516 (26 October 2015)
26 October 2015
September 2015
Batatawala v Malawi Revenue Authority (Civil Cause 211 of 2015) [2015] MWHC 511 (1 September 2015)
A consent order prescribing an agreed manner of tax payment binds the tax authority; a retrospective lien without statutory basis is unlawful.
Civil procedure – Consent orders binding and estoppel; Tax law – creation and effect of tax liens (Taxation Act s.107A); Lien requires neglect/refusal to pay and statutory filing; Commissioner’s discretion to accept alternative payment arrangements.
 1 September 2015
May 2015
EN v TN (Matrimonial Appeal Cause 4 of 2012) [2015] MWHC 512 (20 May 2015)
Court varied property award to recognise non-financial contributions, upheld instalment payment for village house, and maintained children’s maintenance order.
Family law — Divorce and ancillary orders — Fair distribution of matrimonial property — recognition of non-financial contributions; maintenance orders — assessment by reference to payer’s means and children’s best interests; instalment payments justified where payer lacks means; appellate review limited without fresh evidence.
 20 May 2015
April 2015
R v George, Kahova, Gwaza & Erick (Confirmation Case 290 of 2013) [2015] MWHC 521 (21 April 2015)
Trial held in prison without Chief Justice direction is a nullity; confessions obtained by compulsion must be excluded.
Constitutional law – appeal or review under section 42(2)(e) – statutory expansion of rights; Criminal procedure – venue – trials in prison precincts without Chief Justice direction violate public hearing right; Evidence – confessions – section 176 CPE Code admits only relevant and admissible confessions; confessions obtained by compulsion/torture (sections 19(3), 42(2)(c)) must be excluded; procedural requirement that courts determine voluntariness as preliminary factual matter; date in charge generally not essential.
 21 April 2015
March 2015
Lorgat and 1 other v NBS Bank Limited and 2 others (Land Cause 39 of 2013) [2015] MWHC 519 (26 March 2015)
Whether a trustee can validly encumber trust land without co‑trustee consent and whether originating summons is appropriate.
Registered Land Act ss 60(1) & 96(1)(a) – trustee’s power to create charges; validity of surety charge without co‑trustee consent; rectification of land register for mistake or fraud; appropriateness of originating summons where core facts and credibility are contested.
 26 March 2015
February 2015
Vekeni v Malibwana (Land Appeal Case 40 of 2010) [2015] MWHC 515 (23 February 2015)
23 February 2015