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Citation
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Judgment date
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| December 2016 |
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Whether a bank validly exercised its power of sale and whether interim injunction and inhibition should be maintained pending trial.
Registered Land Act — exercise of power of sale — good faith and compliance with statutory requirements; interlocutory injunction and inhibition — adequacy of damages; pre-transfer remedies; balance of convenience; alleged contempt for breaching interim orders.
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12 December 2016 |
| November 2016 |
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A commercial dispute must ordinarily be instituted in the Commercial Division unless compelling reasons justify retention; transfer ordered.
Civil procedure – appropriate forum for commercial disputes – specialized Commercial Division – requirement to advance compelling reasons to retain commercial matters in general registry – transfer rather than dismissal where no compelling reasons shown.
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30 November 2016 |
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Dispute over a bank overdraft secured by land is a "commercial matter" and must be transferred to the Commercial Division.
Commercial Division — Transfer of proceedings — Definition of "commercial matter" under Courts (Amendment) Act 2016 — Banker–customer dispute and secured overdraft constitute a commercial matter — Registrar's power to transfer matters — Order to transfer within 14 days.
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3 November 2016 |
| September 2016 |
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Leave for judicial review dismissed for delay, lack of a specific decision, and failure to pursue alternative remedies.
Judicial review — leave to apply — delay and three-month rule — absence of specific decision — alternative remedies — proper procedure for constitutional/statutory challenge — manifestos and legitimate expectation — Parliament and Law Commission role in legislative reform.
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26 September 2016 |
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Claims for false imprisonment, malicious prosecution and defamation failed because defendant merely reported suspected theft and acted on reasonable grounds.
False imprisonment – liability for informer; reporting to police vs. making a charge; Malicious prosecution – requirement of absence of reasonable and probable cause and malice; Defamation – good faith reporting; Employer/agent reporting to police; Criminal acquittal not determinative of civil liability.
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2 September 2016 |
| August 2016 |
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Court found jurisdiction and, on unchallenged evidence of respondent's HIV status and refusal of sex, granted divorce for irretrievable breakdown.
Family law – Divorce – Jurisdiction where parties resident abroad but domiciled in Malawi – application of Marriage, Divorce and Family Relations Act, 2015 (s60, s61).
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15 August 2016 |
| July 2016 |
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Interlocutory injunction maintained allowing 2nd defendant to retain possession pending trial due to balance of convenience.
Land law – interlocutory injunction – possession pending trial – balance of convenience – dispute over title acquired from deceased – costs in the cause.
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27 July 2016 |
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Summary possession under Order 113 inappropriate where genuine dispute exists over lease validity and equitable title.
Procedure — Order 113 (summary possession) — suitability where there is no real dispute over right to possession; not appropriate if genuine disputes of title or equitable interests exist
Property — effect of lease offer and payment — potential equitable completion where consideration paid; enforceability may require trial. Land law — termination for breach of lease covenants — potential to affect title and justify regranting by land authorities. Civil procedure — summary process reserved for clear cases (squatters/occupiers without claim), not for contested title disputes
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1 July 2016 |
| June 2016 |
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Plaintiffs proved fraud by their father but failed to show the bank knew of or substantially contributed to that fraud; bank and purchaser claims dismissed.
Registered land – s.139 Registered Land Act – rectification of register for fraud – requirement that purchaser/mortgagee in possession who acquired for valuable consideration must have knowledge of or substantially contributed to fraud to be affected – attestation and identification by Lands Registrar – bank’s reliance on statutory attestation – limits of common law negligence where statute provides remedies.
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22 June 2016 |
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13 June 2016 |
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Applicant awarded loss-of-revenue damages for grounded bus, reduced by 50% for contributory negligence.
Damages — assessment — restitutio in integrum; loss of use/loss of profits recoverable; general vs special damages; court may award reasonable compensation where strict proof lacking; contributory negligence reduces quantum.
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8 June 2016 |
| May 2016 |
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Assessment of damages for false imprisonment, defamation and malicious prosecution following unlawful arrest and public reporting.
False imprisonment – assessment of non-pecuniary damages; Defamation – publicity, professional standing and reputational harm; Malicious prosecution – emotional and liberty-related injuries; Quantum – use of precedent as guidance, rejection of rigid hourly-rate approach, consideration of currency devaluation.
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25 May 2016 |
| February 2016 |
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An originating summons under Order 113 r.1 fails where the plaintiff does not plead loss of licence/consent and defendants have long-term occupation.
Land law — Summary possession — Order 113 r.1 RSC — claim requires entry or continued occupation without licence or consent — plaintiff must plead interest, dates and circumstances — long-term occupation (holding over) unsuitable for summary process.
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22 February 2016 |