Results.
8 judgments found.
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| July 2018 |
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Court ordered transfer of a land dispute to the Lilongwe Registry under section 7D for convenience, proximity and fairness.
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Civil procedure — Venue and transfer of proceedings under section 7D Courts Act — Discretion guided by suitability of forum and balance of convenience — Overriding objective (Order 1 r.5 CPR) — Convenience of parties and witnesses — Avoidance of forum shopping.
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30 July 2018 |
| June 2018 |
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Court allowed re‑hearing of application to set aside default judgment after defendant’s non‑appearance was due to genuine clerical error.
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Civil procedure — setting aside default judgment — re‑hearing after non‑appearance due to clerical error — Order 16 r.7 CPR — discretion to restore/re‑hear — costs for aborted hearing.
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13 June 2018 |
| May 2018 |
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Interlocutory injunction continued to preserve leased land pending trial; limitation defence premature and damages inadequate.
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Interlocutory injunction — serious issue to be tried — balance of convenience — adequacy of damages — Limitation Act and adverse possession (12-year rule) where claimant obtained lease in 2013.
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21 May 2018 |
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Leave to judicially review the ACB’s decision to prosecute and alleged delay was refused; prosecutorial discretion and alternative remedies warranted deference.
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Administrative law — Judicial review — Permission to bring review of prosecutorial decision — Prosecutorial discretion; Criminal procedure — Proper respondent to challenge to prosecution — Anti-Corruption Bureau v DPP/Attorney General; Civil procedure — Non-compliance with HCPR rules — irregularity not nullity; Right to fair trial — delay in prosecution — alternative remedy in criminal proceedings.
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10 May 2018 |
| April 2018 |
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Proceedings set for rehearing were transferred to the Mzuzu Registry as the more convenient and appropriate forum.
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Civil procedure — venue and transfer of proceedings — section 7D Courts Act — discretion to transfer registries — factors: convenience of parties and witnesses, location of subject matter — CPR Order 1 r.5 overriding objective — rehearing de novo — forum shopping.
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18 April 2018 |
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Pension death benefits are not part of the estate unless payable at death; court set aside an irregular payout order.
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Pensions law — death benefits — entitlements in pension funds not part of deceased estate unless payable/accrued at death; Trustee nominations and determinations govern payment. Civil procedure — setting aside orders — non-party directly affected may apply to set aside or vary an order. Interaction of statutes — Pensions Act and Deceased Estate (Wills, Inheritance and Protection) Act — no conflict where benefits were not payable at death
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10 April 2018 |
| March 2018 |
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Tax authority’s refusal to accept withholding tax credits and instalments violated legitimate expectation and was arbitrary in enforcement.
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Administrative law — Tax enforcement — legitimate expectation from long-standing acquiescence in settlement methods — procedural fairness and right to be heard — proportionality in enforcement measures — Wednesbury unreasonableness of garnishment where taxpayer’s proposal not objectively assessed — equality/discrimination in tax administration.
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11 March 2018 |
| January 2018 |
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Registrar’s direction quashed for failure to comply with mandatory s39(5) procedure and for exceeding jurisdiction over registered land.
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Judicial review — legality, procedural impropriety — mandatory pre-direction requirements under s39(5) Financial Services Act; institutional separation — Registrar of Financial Institutions v Reserve Bank of Malawi; limits of supervisory directions — inability to order rectification of land register or cancel contracts affecting registered land (Registered Land Act/High Court jurisdiction).
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25 January 2018 |