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Citation
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Judgment date
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| November 2016 |
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A commercial dispute must ordinarily be instituted in the Commercial Division unless compelling reasons justify retention; transfer ordered.
Civil procedure – appropriate forum for commercial disputes – specialized Commercial Division – requirement to advance compelling reasons to retain commercial matters in general registry – transfer rather than dismissal where no compelling reasons shown.
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30 November 2016 |
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Dispute over a bank overdraft secured by land is a "commercial matter" and must be transferred to the Commercial Division.
Commercial Division — Transfer of proceedings — Definition of "commercial matter" under Courts (Amendment) Act 2016 — Banker–customer dispute and secured overdraft constitute a commercial matter — Registrar's power to transfer matters — Order to transfer within 14 days.
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3 November 2016 |
| September 2016 |
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Leave for judicial review dismissed for delay, lack of a specific decision, and failure to pursue alternative remedies.
Judicial review — leave to apply — delay and three-month rule — absence of specific decision — alternative remedies — proper procedure for constitutional/statutory challenge — manifestos and legitimate expectation — Parliament and Law Commission role in legislative reform.
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26 September 2016 |
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Claims for false imprisonment, malicious prosecution and defamation failed because defendant merely reported suspected theft and acted on reasonable grounds.
False imprisonment – liability for informer; reporting to police vs. making a charge; Malicious prosecution – requirement of absence of reasonable and probable cause and malice; Defamation – good faith reporting; Employer/agent reporting to police; Criminal acquittal not determinative of civil liability.
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2 September 2016 |
| August 2016 |
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Court found jurisdiction and, on unchallenged evidence of respondent's HIV status and refusal of sex, granted divorce for irretrievable breakdown.
Family law – Divorce – Jurisdiction where parties resident abroad but domiciled in Malawi – application of Marriage, Divorce and Family Relations Act, 2015 (s60, s61).
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15 August 2016 |
| July 2016 |
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Interlocutory injunction maintained allowing 2nd defendant to retain possession pending trial due to balance of convenience.
Land law – interlocutory injunction – possession pending trial – balance of convenience – dispute over title acquired from deceased – costs in the cause.
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27 July 2016 |
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Summary possession under Order 113 inappropriate where genuine dispute exists over lease validity and equitable title.
Procedure — Order 113 (summary possession) — suitability where there is no real dispute over right to possession; not appropriate if genuine disputes of title or equitable interests exist
Property — effect of lease offer and payment — potential equitable completion where consideration paid; enforceability may require trial. Land law — termination for breach of lease covenants — potential to affect title and justify regranting by land authorities. Civil procedure — summary process reserved for clear cases (squatters/occupiers without claim), not for contested title disputes
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1 July 2016 |
| June 2016 |
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Plaintiffs proved fraud by their father but failed to show the bank knew of or substantially contributed to that fraud; bank and purchaser claims dismissed.
Registered land – s.139 Registered Land Act – rectification of register for fraud – requirement that purchaser/mortgagee in possession who acquired for valuable consideration must have knowledge of or substantially contributed to fraud to be affected – attestation and identification by Lands Registrar – bank’s reliance on statutory attestation – limits of common law negligence where statute provides remedies.
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22 June 2016 |
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13 June 2016 |
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Applicant awarded loss-of-revenue damages for grounded bus, reduced by 50% for contributory negligence.
Damages — assessment — restitutio in integrum; loss of use/loss of profits recoverable; general vs special damages; court may award reasonable compensation where strict proof lacking; contributory negligence reduces quantum.
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8 June 2016 |
| May 2016 |
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Assessment of damages for false imprisonment, defamation and malicious prosecution following unlawful arrest and public reporting.
False imprisonment – assessment of non-pecuniary damages; Defamation – publicity, professional standing and reputational harm; Malicious prosecution – emotional and liberty-related injuries; Quantum – use of precedent as guidance, rejection of rigid hourly-rate approach, consideration of currency devaluation.
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25 May 2016 |
| February 2016 |
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An originating summons under Order 113 r.1 fails where the plaintiff does not plead loss of licence/consent and defendants have long-term occupation.
Land law — Summary possession — Order 113 r.1 RSC — claim requires entry or continued occupation without licence or consent — plaintiff must plead interest, dates and circumstances — long-term occupation (holding over) unsuitable for summary process.
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22 February 2016 |
| October 2015 |
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26 October 2015 |
| September 2015 |
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A consent order prescribing an agreed manner of tax payment binds the tax authority; a retrospective lien without statutory basis is unlawful.
Civil procedure – Consent orders binding and estoppel; Tax law – creation and effect of tax liens (Taxation Act s.107A); Lien requires neglect/refusal to pay and statutory filing; Commissioner’s discretion to accept alternative payment arrangements.
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1 September 2015 |
| May 2015 |
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Court varied property award to recognise non-financial contributions, upheld instalment payment for village house, and maintained children’s maintenance order.
Family law — Divorce and ancillary orders — Fair distribution of matrimonial property — recognition of non-financial contributions; maintenance orders — assessment by reference to payer’s means and children’s best interests; instalment payments justified where payer lacks means; appellate review limited without fresh evidence.
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20 May 2015 |
| April 2015 |
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Trial held in prison without Chief Justice direction is a nullity; confessions obtained by compulsion must be excluded.
Constitutional law – appeal or review under section 42(2)(e) – statutory expansion of rights; Criminal procedure – venue – trials in prison precincts without Chief Justice direction violate public hearing right; Evidence – confessions – section 176 CPE Code admits only relevant and admissible confessions; confessions obtained by compulsion/torture (sections 19(3), 42(2)(c)) must be excluded; procedural requirement that courts determine voluntariness as preliminary factual matter; date in charge generally not essential.
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21 April 2015 |
| March 2015 |
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Whether a trustee can validly encumber trust land without co‑trustee consent and whether originating summons is appropriate.
Registered Land Act ss 60(1) & 96(1)(a) – trustee’s power to create charges; validity of surety charge without co‑trustee consent; rectification of land register for mistake or fraud; appropriateness of originating summons where core facts and credibility are contested.
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26 March 2015 |
| February 2015 |
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23 February 2015 |
| November 2014 |
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Committal for contempt requires personal service of notification of adjourned hearing; lack of proof of service led to dismissal.
Committal for contempt – personal service of order and notice required – adjourned hearing dates require fresh personal service unless dispensed by order – absence of proof of service fatal to committal application.
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6 November 2014 |
| October 2014 |
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Petition for recount and alleged barring of monitors dismissed for failure to prove material irregularities.
:[
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17 October 2014 |
| September 2014 |
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Stay of execution pending appeal denied where applicant failed to prove successful party could not repay the award.
Civil procedure – stay of execution pending appeal – party seeking stay must adduce evidence that successful party cannot repay; discretionary balancing of risks; ‘‘broad approach’’ (ruin and prospects of success) not displacing traditional test.
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25 September 2014 |
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11 September 2014 |
| August 2014 |
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Summary judgment under Order 14 inappropriate where contractual terms and disputed facts require full trial; application dismissed with costs.
Civil procedure — Summary judgment (Order 14) — Debt claim for unpaid bills — Requirement that defendant have no defence — Disputed contractual terms and need for taxation/ full trial.
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12 August 2014 |
| July 2014 |
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The applicant's election petition was dismissed as time-barred; broadcast declaration triggered the seven-day filing period.
Electoral law – Time limits for election petitions – Interpretation of section 100(1) PPE Act – Computation of time (General Interpretation Act s45) – Effect of section 99 publication requirements on commencement of limitation period – Declaration by broadcast sufficient to trigger time limit.
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4 July 2014 |
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The applicant failed to show alleged tally-sheet tampering likely affected the result; recount denied and petition dismissed.
Election law – Parliamentary and Presidential Elections Act s114(4) – requisites for recount; burden of proof (balance of probabilities); s93(2) entitlement to copies of tally summaries; parallel vote tabulation admissibility and reliability; electoral transparency and safeguards for tally-sheet alterations.
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3 July 2014 |
| March 2014 |
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A statutory university lecturer is not a civil servant for eligibility disqualification; leave of absence is not resignation.
Election law – candidate eligibility – "public office" defined narrowly as civil service – university lecturers not civil servants – leave of absence v. resignation – s51(2)(e) Constitution; s40 Parliamentary and Presidential Elections Act.
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28 March 2014 |
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Board membership of a statutory corporation is not necessarily a "public office" under section 51(2)(e); resignation before nomination cures disqualification.
Constitutional interpretation — "public office" in section 51(2)(e) limited to civil service; statutory corporation board membership not per se a public office; resignation prior to nomination cures disqualification; election procedure — section 40 PPE Act referral and duty to afford procedural fairness; binding precedent and duty to follow Supreme Court of Appeal.
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28 March 2014 |
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The affected parties were granted leave to appeal; counsel reprimanded for including a misleading postscript and unprofessional conduct.
Electoral law — fresh elections — voters' roll to be used — candidate eligibility — procedural conduct of counsel — improper inclusion of 'postscript' in formal order — respect for court orders — leave to appeal granted.
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24 March 2014 |
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Leave to appeal granted; court reprimanded counsel for improper postscript and unprofessional attempts to revisit its order.
Electoral law – fresh elections – use of voters' roll; leave to appeal; joinder of affected parties; professional conduct of counsel; propriety of postscripts in formal court orders.
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24 March 2014 |
| January 2014 |
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Appeal dismissed: section 63 awards compensate pecuniary loss (monetary quantification), minima are floors, employer must prove non-mitigation.
Employment law — Unfair dismissal — Section 63 Employment Act: compensation for 'loss' (pecuniary), heads of loss not closed, awards must be quantified monetarily; s63(5) prescribes minima not mandatory month-per-year multipliers; burden of proof on employee for loss and on employer for failure to mitigate; appeal competent on question of law.
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20 January 2014 |
| October 2013 |
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Insurer liable for passengers' injuries despite policy exclusion; owner negligent for failing to keep vehicle in repair.
Road Traffic Act s.148(2) — insurer liability despite policy exclusions; Owner's duty to keep vehicle in repair — res ipsa loquitur; Procedural joinder — late objection and available remedies (third-party notice/calling witness).
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15 October 2013 |
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Compliance with a lawful police request to hand over the applicant did not constitute false imprisonment or defamation.
False imprisonment – private person assisting police – s41(a) Criminal Procedure and Evidence Code – lawful delivery to police; Defamation – conduct as publication – mere arrest/handcuffing not necessarily defamatory; Compliance with lawful police request as defence to civil liability; Failure to prosecute does not of itself establish false imprisonment.
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15 October 2013 |
| December 2012 |
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A Registrar lacked jurisdiction to assess damages after an injunction’s dissolution; the damages enquiry must be held by a judge in chambers.
Civil procedure — Injunctions — Dissolution of ex parte injunction for want of prosecution — Assessment/enquiry into damages — Jurisdiction of Master/Registrar — Order 32, rule 12 — enquiry to be made by a judge in chambers.
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19 December 2012 |
| November 2012 |
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Court upheld respondent’s claim for K83,000 under an oral contract, disregarded hearsay evidence, and ordered immediate payment into court.
Contract law – oral contract for services – proof of contract sum and payments; Evidence – hearsay inadmissible where witness lacked direct knowledge; Credibility and arithmetic used to determine balance due; Order for immediate payment into court; Costs awarded to successful party.
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27 November 2012 |
| September 2012 |
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Petitioner failed to prove corrupt influence, bribery, or that any irregularities affected the election result; petition dismissed.
Election law – s.114 Parliamentary and Presidential Elections Act – burden and standard of proof in election petitions; corrupt influence and bribery allegations; requirement of affidavits from affected voters or eyewitnesses; proof that irregularities affected result; discretionary costs.
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14 September 2012 |
| August 2012 |
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Conviction quashed where prosecution failed to prove government ownership or possession by employment; accused convicted of uncharged offence.
Criminal law – Theft by public servant – proof of state ownership and possession by virtue of employment – hearsay evidence – conviction on offence other than charged – insufficiency of evidence – quashed convictions.
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31 August 2012 |
| January 2012 |
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24 January 2012 |
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24 January 2012 |
| October 2011 |
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11 October 2011 |
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Summary judgment refused: prior judicial review order did not mandate payment and circular allowances were conditional, requiring individual proof.
Administrative law – judicial review order construed as directive to find sponsorship, not monetary judgment; Civil procedure – summary judgment (Order 14) inappropriate where entitlement conditional and triable issues exist; Contract/employment law – statutory/circular allowances are conditional and require individual proof.
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7 October 2011 |
| June 2011 |
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Interlocutory injunction refused where chargee lawfully exercised power of sale; remedy limited to damages.
Interlocutory injunctions — American Cyanamid test — power of sale under a land charge — Registered Land Act s71(3) — damages as exclusive remedy — innocent purchaser for value without notice.
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10 June 2011 |
| May 2011 |
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Garnishee order absolute set aside for mutual mistake; garnishee ordered to pay costs and plaintiff to refund funds.
Garnishee proceedings – garnishee order absolute – mistaken identity of account holder – mutual mistake – setting aside garnishee order absolute – costs – repayment of misapplied funds.
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20 May 2011 |
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Applicant detained for many years released conditionally due to inordinate delay and lost prosecution file.
Habeas corpus – prolonged pre‑trial detention; lost prosecution file; failure to comply with court timetable direction; conditional release/bail with sureties and movement restrictions.
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6 May 2011 |
| April 2011 |
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Applicant detained beyond statutory 90‑day limit granted bail where the State failed to justify continued detention.
Criminal procedure — Bail — Pre‑trial detention exceeding 90 days under s.161G CP&EC without extension — Interests of justice — Conditions of bail.
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20 April 2011 |
| March 2011 |
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Court awarded loss-of-dependency to sole surviving dependant for deceased son; no award for 10-year-old grandson.
Wrongful death – assessment of damages – loss of dependency – multiplicand and multiplier method – minor dependent without evidence of support – default judgment on liability.
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23 March 2011 |
| December 2010 |
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Order 14A summary determination refused because disputed factual matters (offer, counter-offer, loan, salary) preclude deciding contract formation.
Contract formation — offer and acceptance — counter-offer vs mere request; Employment contract; Order 14A summary determination — not suitable where legal issues are interwoven with contested facts; Necessity of full trial for disputed factual matters.
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23 December 2010 |
| January 2010 |
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The plaintiff's claims for breach, defamation and discrimination dismissed for failure to prove non-performance, publication, or discriminatory treatment.
Contract formation and scope – interpretation of contractual obligations regarding inter-branch vs. branch-to-van communication; breach for non-performance; defamation – requirement of publication; discrimination – burden to prove differential treatment.
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26 January 2010 |
| September 2009 |
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Writ limits claims to general damages; lender breached by failing to disburse full loan, plaintiff awarded general damages net K56,370.
Contract law – loan agreement – disbursement in installments – reasonable time for full disbursement; pleadings – Writ limits recovery; special damages inconsistent with amended Writ fall away; retention of security documents – no implied term to release where lender breached; counterclaim for repayment of partial advance dismissed.
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25 September 2009 |
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Silence after contractual probation can amount to tacit confirmation; employer cannot unilaterally vary terms or demote without consent.
Employment law – probation and confirmation – tacit confirmation where employer silent after contractual probation; employer cannot unilaterally extend probation or vary contract terms – right to be heard and fair labour practices (Constitution ss31, 43) – entitlement to post-probation benefits.
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11 September 2009 |
| August 2009 |
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13 August 2009 |