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Zomba District Registry - 2021 August

2 judgments
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2 judgments
August 2021
Chimaka v R (Criminal Appeal 35 of 2018) [2021] MWHC 387 (20 August 2021)
Appeal admitted out of time and retrial ordered where missing magistrate court record was substantial and prejudicial.
  • Criminal law — Appeal and extension of time — Admission of appeal out of time under s349(4) CPEC — Appellate review of magistrate findings — Missing/incomplete lower court record — Substantial omissions justify retrial — Credit for time in custody.
20 August 2021
Lipenga v Kapito (Civil Review Case 3 of 2021) [2021] MWHC 386 (19 August 2021)
High Court confirmed divorce and property division, ordered reassessment of compensation, and set aside an improper protection order allowing return to the home.
  • Family law — Divorce; distribution of matrimonial property — assessment of compensation — review of magistrate’s decision; Protection orders — improper ex parte PDVA order and unlawful eviction; Judicial conduct — delays, impartiality and fair trial concerns.
19 August 2021