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Citation
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Judgment date
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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.
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.
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.
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.
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.
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.
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.
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.
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 |