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Zomba District Registry - 2015

5 judgments
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5 judgments
Citation
Judgment date
December 2015
Bwilita v Mahommed t/a Ninkawa Transport (Civil Cause 104 of 2014) [2015] MWHC 514 (14 December 2015)
Assessment of damages for plaintiff bitten by defendant's dogs; court awarded K7,000,000 plus costs.
Personal injury — assessment of damages — dog-bite injuries — pain and suffering; loss of amenities of life; disfigurement — use of comparative awards to fix quantum.
 14 December 2015
November 2015
Dalamere Properties Malawi Limited v Otis Elevator Company Limited and Another (Civil Case 244 of 2014) [2015] MWHC 517 (2 November 2015)
Court corrected its omission and held the respondent entitled to compound interest at the contractual rate, dismissing the applicant's simple-interest request.
Civil procedure – correction of clerical mistake (Order 20 rule 11) – Interest – contractual rate (2% above prime or maximum permitted) – simple versus compound interest – commercial transactions; compound interest recoverable where contract silent.
 2 November 2015
July 2015
Cassim v Ridgeview Investment and Others (Personal Injury Case 323 of 2014) [2015] MWHC 513 (13 July 2015)
Court refused to strike out the defence, ordering defendants to amend inconsistent pleadings rather than dismissing them.
Civil procedure – Order 18 r.19 (strike out/amend pleadings) – discretionary power sparingly exercised – triable issues (contributory negligence) preclude striking out; inconsistent/embarrassing pleadings to be amended; Order 2 r.1 curative power.
 13 July 2015
April 2015
Chapeta v Chapeta and 2 Others (Miscellaneous Civil Application 3 of 2015) [2015] MWHC 520 (9 April 2015)
Court referred constitutional challenge to rule banning probate proceedings in district registries to Chief Justice for certification.
Constitutional law — Rule 2(2) Courts (High Court) (Procedure in District Registries) Rules — probate jurisdiction — district registries barred from issuing originating probate process; issues raised: access to justice (s.41(2)), effective remedy (s.41(3)), right to development (s.30), equality (s.20), High Court jurisdiction (s.108(1)), and consistency with Deceased Estates Act read with s.10(2) Constitution — referral to Chief Justice for certification under Courts Act.
 9 April 2015
February 2015
Rural primary school teachers in Machinga and Balaka districts ex parte and others v S and Another (Miscellaneous Civil Application 4 of 2015) [2015] MWHC 518 (20 February 2015)
Applicants granted leave for judicial review over alleged discriminatory non‑payment of rural hardship allowances; transfers stayed pending determination.
Administrative law — Judicial review — Leave under Order 53 — Arguable case standard; Rural teachers’ hardship allowance — Alleged discriminatory implementation; Interim relief — Stay of postings pending determination; Time limits — Three-month rule and court strike justification.
 20 February 2015