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Principal Registry - 2026

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3 judgments
May 2026
Ilyas Vali v Pacific Limited (Commercial Case No. 155 of 2023) [2026] MWHC 23 (8 May 2026)
Application to set aside default judgment dismissed for unexplained delay, lack of meritorious defence and counsel misconduct.
  • Civil procedure — Default judgment — Setting aside — Requirements under Order 12 Rule 21 CPR 2017 — Reasonable cause, meritorious defence, explanation of delay, interest of justice
  • Professional misconduct — Misleading court and unauthorised removal/replacement of court file documents — Abuse of process and adverse effect on relief
8 May 2026
James Magwira v Attorney General (CONSTITUTIONAL CASE NUMBER 09 OF 2025; Criminal Cause Number 360 of 2025) [2026] MWHC 22 (8 May 2026)
Whether a blanket prohibition on Indian Hemp possession without a religious exemption unjustifiably limits the applicant's freedom of religion.
  • Constitutional law
    • — Freedom of religion — Prohibition on sacramental cannabis possession — Justifiable limitation under s44 of the Constitution
    • — Equality — Facially neutral drug prohibition — Not discrimination where law applies generally
  • Human rights — Human dignity — Criminalisation of religious drug possession — Does not necessarily negate essential content of dignity right
8 May 2026
April 2026
Eliza Steven and the Registered Trustees of Domestic and Vulnerable Workers Association. v The Attorney General & Anor. (Constitutional Case 4 of 2025) [2026] MWHC 18 (16 April 2026)
Court dismissed challenge: NGO lacked standing and pension and written‑particulars exemptions were constitutional.
  • Constitutional law — Standing — Public interest/representative standing — Organisations must establish a direct or sufficient interest to litigate on behalf of others
  • Labour and social security — Pension exemptions — Ministerial power to exempt classes from mandatory occupational pension — Reasonableness, proportionality and non‑discrimination; Pension Act s11; Constitution ss13, 20, 30, 31
  • Employment law — Written particulars of employment — Threshold of five employees — Constitutionality and permissible limitation; Employment Act s27(4)
16 April 2026