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Citation
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Judgment date
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| April 2022 |
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Confirmation court increased sentence for aggravated robbery due to weapon use, multiple assailants, and serious wounds.
Criminal law – Aggravated robbery – Sentencing – Use of dangerous weapon and acting in company – Wounding – Confirmation proceedings – Court may increase an inadequate sentence.
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26 April 2022 |
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Court set aside provisional interlocutory injunction and declared documents filed by an unlicensed practitioner nullity.
Legal practice licence — Legal Education and Legal Practitioners Act — validity of documents filed by an unlicensed practitioner — nullity of steps — interlocutory injunction criteria (serious question, inadequacy of damages, balance of convenience) — inherent jurisdiction — referral for disciplinary action.
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21 April 2022 |
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Oversight or negligence by counsel does not justify setting aside a default judgment absent leave to file out of time.
Default judgment – Application to set aside – Service admitted – Failure to file defence within prescribed time – Oversight/negligence by counsel insufficient – No application for leave to file out of time – Assessment of damages ordered.
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19 April 2022 |
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Assessment of unfair dismissal, overtime and severance; court applied Employment Act principles and awarded specified sums.
Employment law – unfair dismissal – assessment of compensation under s63(4)–(5) Employment Act – overtime pay under s39 – severance under s35 – mitigation of loss – deduction of prior payments.
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19 April 2022 |
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Application to set aside default judgment refused for inordinate delay; matter to proceed to damages assessment.
Civil procedure – Setting aside default judgment – Inordinate delay – Service on legal representative – Alleged missing court file – Negligence of counsel does not excuse prejudice to the opposing party.
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19 April 2022 |
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Application to set aside default judgment refused for inordinate delay and inadequate justification for non-attendance.
Civil procedure — setting aside default judgment — inordinate delay — service on legal representatives — negligence of counsel and missing court file — restoration of struck-out defence.
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19 April 2022 |
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Procedurally defective late appeal dismissed; lower court's property and maintenance orders upheld; variation must be sought in lower court.
Civil procedure – appeal from subordinate court – requirement for notice of appeal and leave to appeal out of time; Matrimonial property – distribution of matrimonial home; Maintenance – arrears, contempt and variation procedure under Child Care Protection and Justice Act.
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13 April 2022 |
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Eyewitness evidence established driver negligence; owner and insurer vicariously liable, police report disregarded for lack of author’s testimony.
Motor vehicle negligence – duty of care of driver – credibility of eyewitness evidence – balance of probabilities – vicarious liability of owner and insurer – inadmissibility/weight of police report where author absent – contributory negligence pleaded.
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6 April 2022 |
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The Ombudsman acted beyond jurisdiction by investigating a dispute involving a private company despite reasonably available court remedies.
Ombudsman jurisdiction – constitutional limits under section 123(1) – reasonably available remedy by court – Ombudsman Act and section 124: investigatory powers limited to public bodies – inquiry into private entity exceeds jurisdiction – judicial review of administrative action.
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1 April 2022 |
| March 2022 |
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Appeal allowed where magistrate awarded compensation for land encroachment without hearing parties on appropriate remedy; matter remitted.
Land law — Encroachment — Remedy — Award of compensation — Exercise of judicial discretion — Duty to hear parties on remedy (audi alteram partem) — Remittal to magistrate.
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22 March 2022 |
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A trial court must hear parties on remedies for land encroachment; failure to do so warrants setting aside and remittal.
Land dispute — encroachment — remedy — necessity to hear parties before awarding compensation — appellate intervention where discretion exercised without hearing parties; remittal to different magistrate.
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22 March 2022 |
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Permission for judicial review dismissed as out of time and failing to demonstrate a breach of natural justice.
Judicial review — time limits (Order 19 r 20) — administrative decision to award diploma not degree — natural justice (right to be heard; reasons) — delay and effect of subsequent actions.
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18 March 2022 |
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High Court reviews magistrate's interlocutory refusal, orders PSU report released and investigators compelled to testify for fair trial.
Criminal procedure — High Court review of subordinate court interlocutory orders; fair trial rights and disclosure under Section 42(2)(f) of the Constitution; relevance and compellability of Professional Standards Unit investigators; Sections 25–26 Courts Act and Sections 195, 201, 360, 362 CP&EC.
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8 March 2022 |
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Appellate court confirmed seven-year custodial sentence for acts intended to cause grievous harm, finding it not manifestly excessive.
Criminal law – Sentencing – Acts intended to cause grievous harm (s235 Penal Code) – Appellate review of sentence – manifestly excessive/wrong in principle – consideration of mitigating factors (first offender, guilty plea, youth) – alleged intoxication – evaluation of visible injuries without medical report.
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8 March 2022 |
| February 2022 |
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Application to amend notice of appeal and stay enforcement is premature until the appeal record is settled; interim non-enforcement ordered.
Civil procedure – Appeals – Entry of appeal; Order 111 rules 10, 11 and 19 – Record of appeal must be settled and filed before Supreme Court is seized – Applications to amend notice of appeal or stay enforcement premature until appeal entered – Interim restraint on enforcement pending record settlement – Costs each party to bear.
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15 February 2022 |
| January 2022 |
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Claimant awarded K20,000,000 for false imprisonment, defamation, malicious prosecution and assault.
Damages assessment — false imprisonment (21 days): rejection of hourly formula; awards for defamation, malicious prosecution and assault and battery; reliance on comparable Malawian authorities; defendant absent at assessment.
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31 January 2022 |
| November 2021 |
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Child claimant awarded K6,000,000 for pain and disfigurement and K1,500,000 for loss of amenities after serious leg injuries.
Personal injury — assessment of damages — open fracture of tibia and fibula; degloving wound and skin grafting — permanent scar and limp — quantum for pain, suffering, disfigurement and loss of amenities — psychiatric injury not proven — child claimant.
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24 November 2021 |
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Permission for judicial review and an urgent injunction refused for lack of an arguable, non‑speculative case.
Judicial review — permission stage — arguable case requirement; Mutual Assistance in Criminal Matters Act — designated authority; ultra vires and Wednesbury unreasonableness; interlocutory injunction — without notice; admissibility of affidavit evidence.
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24 November 2021 |
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Defendant’s residence and service in Malawi confer jurisdiction; lex loci delicti governs substantive law, not forum choice.
Jurisdiction – forum non conveniens – presence and service – action in personam; Conflict of laws – lex loci delicti governs applicable substantive law, not jurisdiction; Online defamation – place of access/publication and choice of law; Procedure – interlocutory injunctions governed by Malawian rules; Foreign law proof – Order 17 r 60.
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12 November 2021 |
| September 2021 |
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Standard-basis taxation reduced an inflated costs bill to K4,520,440.00, stressing proportionality and required supporting documents.
Costs taxation — standard basis assessment — proportionality and reasonableness — Legal Practitioners’ hourly rates (K40,000/hr for senior counsel) — requirement to attach assessment bundle — trimming exaggerated or unsupported bill items.
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14 September 2021 |
| August 2021 |
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Interlocutory injunction preserving disputed estate upheld where claimants showed a triable issue and damages were inadequate.
Interlocutory injunctions – ex parte injunctions – suppression/non-disclosure of material facts – letters of administration – administration and distribution of deceased estate – adequacy of damages – preservation of status quo – balance of convenience.
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26 August 2021 |
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Claimant with scrotal rupture awarded MK7.5M for pain and loss of amenities; permanent impotence insufficiently proven.
Personal injury – workplace scrotal laceration exposing testes – assessment of general damages; pain and suffering; loss of amenities (sexual/conjugal life) – evidence required to prove impotence; disfigurement claim not pleaded/proven – award MK5,000,000 (pain) and MK2,500,000 (amenities).
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23 August 2021 |
| July 2021 |
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Minister’s tacit recognition of an acting chief was ultra vires absent written presidential delegation and without customary consultation.
Chiefs Act s10 – appointment of Acting Traditional Authority; delegation of presidential powers – written delegation required (General Interpretation Act s35(1); Constitution s89(6)); customary law and royal‑family consultation required for acting appointments; tacit administrative decisions and judicial reviewability; Wednesbury unreasonableness; ultra vires administrative action.
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5 July 2021 |
| June 2021 |
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The Ombudsman lacked jurisdiction over a delayed unfair‑dismissal claim and awarded excessive, Wednesbury‑unreasonable compensation.
Constitutional/judicial review – Ombudsman jurisdiction – section 123 Constitution – exclusion where court remedies available; Labour law – unfair dismissal – Employment Act governs compensation – awards must be just and equitable; Administrative law – Wednesbury unreasonableness – excessive compensation; Limitation and separation of functions between courts and Ombudsman.
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23 June 2021 |
| May 2021 |
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Court dismissed defendant’s strike-out application, finding contractual claim not plainly displaced by the Public Roads Act and not frivolous.
Civil procedure – strike-out for frivolous/vexatious or abuse of process – inherent jurisdiction; Public Roads Act – statutory compensation procedure and contractor powers; section 21(1) immunity and section 21(2) preservation for negligence; contractual claim versus statutory remedy.
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24 May 2021 |
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18 May 2021 |
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Whether a confirming court should enhance a 36‑month sentence for robbery with violence given mitigating factors and comparative sentencing trends.
Criminal law — Confirmation of sentence — Robbery with violence — Sentencing discretion — Mitigating factors (first offender, youth, no weapon, compensation) — Sentencing range 5–10 years — Comparative authorities considered.
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18 May 2021 |
| March 2021 |
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Fourteen-year pre-trial detention breaches constitutional limits; court ordered release and held compensation is a civil claim.
Constitutional and criminal procedure law — unlawful prolonged pre-trial detention — section 42 rights and section 161G/H custody time-limits — remedy of immediate release — compensation for unlawful detention is a civil remedy — prison service duty to detect undocumented custody.
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22 March 2021 |
| February 2021 |
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The court confirmed concurrent custodial sentences for burglary and theft, emphasizing first-offender status and rehabilitative considerations despite aggravating factors.
Sentencing discretion; review of sentence for excess or inadequacy; consideration of aggravating and mitigating factors; burglary seriousness; confirmation of concurrent custodial sentences.
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25 February 2021 |
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Whether the driver’s negligence caused death and whether the insurer is liable despite an unpleaded policy exclusion.
Road-traffic negligence — driver’s duty of care — employer/insurer liability — insurance policy exclusions and pleading — admissibility of police reports.
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15 February 2021 |
| November 2020 |
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The accused were convicted of obtaining money by false pretences, misuse of public office, forgery and uttering false documents.
Criminal law – Obtaining by false pretences; Corrupt Practices Act – misuse of public office; Forgery and uttering false documents; Evidentiary reliance on forensic handwriting analysis and circumstantial/common-intention proof; Burden of proof – beyond reasonable doubt.
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29 November 2020 |
| June 2020 |
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Whether widespread polling-station irregularities and the Electoral Commission's failure to remedy them invalidated the election result.
Election law — Parliamentary and Presidential Elections Act — polling-station irregularities (undue assistance, candidate proximity, threats, police involvement) — unsigned or altered tally sheets — statutory requirement to sign Form 66 (s.93(1)(b)) — complaints-handling obligations of the Electoral Commission (ss.97, 98, 113) — failure to remedy and breach of constitutional duty (s.76) — annulment and order for fresh election.
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22 June 2020 |
| February 2020 |
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A withdrawal order awarding costs permitted the 2nd respondent to assess and recover costs despite the petitioner’s agreement with the 1st respondent.
Election petition — withdrawal and discontinuance — court order for costs consequent to withdrawal — scope of agreed costs between petitioner and first respondent — entitlement of joined 2nd respondent to assessment of costs.
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18 February 2020 |
| December 2019 |
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Petitioner proved tampering and procedural failures that affected the result; court nullified election and ordered a re-run.
Election law – Section 114 PPEA – election petition and burden of proof; electoral irregularities and tampering; duty to supply duplicate signed polling-station result sheets (s.93 PPEA); failure of Electoral Commission to produce official tally records; nullification and order for re-run.
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20 December 2019 |
| August 2019 |
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13 August 2019 |
| June 2019 |
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14 June 2019 |
| 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 |
| December 2017 |
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1 December 2017 |
| October 2017 |
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31 October 2017 |
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Court finds ACB had reasonable and probable cause to arrest and prosecute; all claims dismissed with costs.
False imprisonment; malicious prosecution; reasonable and probable cause; evidence of funds transfer and vehicle registration; plea bargaining and state witness arrangement; damages for reputation and loss of income.
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13 October 2017 |
| July 2017 |
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Leave to review Anti-Corruption Bureau investigations denied; investigations lawfully justified, no bad faith or prosecutorial decision.
Judicial review — Leave to apply — Prosecutorial and investigative discretion of Anti-Corruption Bureau — Reasonableness and bad faith — Delay and three-month rule — Prematurity of challenge to non-existent prosecutorial decision — Right to economic activity and investigative delay.
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19 July 2017 |
| June 2017 |
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30 June 2017 |
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8 June 2017 |