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Zomba District Registry - 2021 July

3 judgments
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3 judgments
July 2021
Republic v Lyton and 9 Others (Criminal Review Case 3 of 2021) [2021] MWHC 373 (29 July 2021)
Convictions under revoked regulations are nullities; forfeiture and vehicle-owner fine set aside; courts must use updated statute books.
  • Criminal law — Conviction under revoked regulations — Proceedings a nullity — Forfeiture and fines dependent on invalid conviction set aside — Duty to maintain updated statute books.
29 July 2021
Chanthunya v S (Being Criminal Case No. 11 at the High Court of Malawi, Zomba Registry) [2021] MWHC 402 (14 July 2021)
The applicant's convictions were upheld on circumstantial evidence and call logs despite improper use of section 3 CP&EC.
  • Criminal law
  • ircumstantial evidence
  • dmissibility of call logs/business records alse police statement as perjury xtradition (s.21)
  • ddition of lesser offences provable by extradition facts xclusion of illegally obtained evidence
  • nd limited scope of s.3 CP&EC
14 July 2021
Friday and Another v Attorney General (Civil Cause 287 of 2020) [2021] MWHC 392 (14 July 2021)
Court refused claimant's summary judgment application despite finding defendant's defence a sham, to avoid abuse of process.
  • Civil procedure — Summary judgment — Order 12 rule 23 — Sham defence — General denials — Order 7 rule 6 — Abuse of process — Refusal of partial summary judgment.
14 July 2021