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Principal Registry - 2018 May

2 judgments
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2 judgments
May 2018
Registered Trustees of Blantyre Synod v Banda (Land Cause 64 of 2017) [2018] MWHC 1333 (21 May 2018)
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.
21 May 2018
State( on Application of Makondi) v Director of Anti Corruption Bureau (Judicial Review Cause 4 of 2018) [2018] MWHC 1337 (10 May 2018)
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.
10 May 2018