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Zomba District Registry - 2024

10 judgments

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10 judgments


October 2024
Goodson v Chidothi (Civil Appeal 6 of 2020) [2024] MWHC 50 (4 October 2024) High Court found a substantive customary marriage despite statutory publication lapses and re‑ordered equitable distribution, directing executive action on MDFRA implementation. Family law — customary marriage formalities under MDFRA (ss.26–29) — effect of non‑compliance — recognition of marriage by substance and conduct; distribution of matrimonial property — principles of fairness, equitable/shared ownership and proof; jurisdiction of magistrate courts in customary divorce matters; state obligation to operationalize MDFRA registration regime.	4 October 2024
July 2024
Raja v R (Criminal Appeal 2 of 2021) [2024] MWHC 68 (23 July 2024) Convictions upheld; enhanced sentences set aside because the appellant was not given notice or a hearing before enhancement. Criminal law — Defilement and child trafficking — Convictions upheld; Sentence enhancement — appellate increase set aside for failure to afford audi alteram partem — Right to be heard before adverse sentencing order — Late filing of skeleton arguments allowed as exception — State nonattendance at apex court criticized.	23 July 2024
May 2024
Henderson v R (Criminal Appeal No. 01 of 2023 (Being Criminal Review Case No. 448 of 2022)) [2024] MWHC 63 (2 May 2024) Appeal dismissed for lack of mandatory leave and lateness; review misuse condemned and stays discharged for prompt prosecution. Criminal procedure — Appeals from High Court in criminal review — Mandatory requirement for leave under section 11(2) — Time limits for notice of appeal under section 17(1) — Misuse of review as substitute for appeal — Stays discharged and case remitted for directions.	2 May 2024
April 2024
Batatawala and Another v Director of Anti Corruption Bureau and Another (Constitutional Cause 1 of 2023) [2024] MWHC 19 (10 April 2024) Retrospective application of the FCA was found by necessary implication but did not violate constitutional protections against conviction for non-offences. Constitutional law — retrospectivity of statutes — Financial Crimes Act section 42 vs repealed MLA section 35 — interpretation of saving provision section 141(2) FCA — right not to be convicted for non-existent offence and protection against harsher retrospective penalties — procedural commencement via constitutional referral (Order 19 CPR).	10 April 2024
March 2024
Malimwe v First Capital Bank Limited (Civil Case 240 of 2019) [2024] MWHC 24 (30 March 2024) Bank’s report to police not actionable as false imprisonment or defamation; claimant failed to prove medical causation or special damages. False imprisonment — distinction between reporting to police and laying charges; police’s independent discretion; defamation by imprisonment — imputations attributable to detaining authority; damages — causation and authentication of medical evidence; special damages must be specifically pleaded and proved.	30 March 2024
R v Dzimadzi (Criminal Review Case 4 of 2022) [2024] MWHC 33 (20 March 2024) Prosecution must authenticate photo/video evidence, but acquittal stands where grievous harm under section 235(a) is not proved. Evidence — Admissibility of photographs and video — Section 179 CP&EC — Prima facie authentication by competent witness; Burden on prosecution to establish provenance and originality Criminal law — Section 235(a) Penal Code — Elements require unlawful wounding or grievous harm plus intention; medical evidence relevant to actus reus Criminal procedure — Review powers — High Court may correct misdirections but cannot substitute convictions for offences not charged; alternative verdicts constrained by Supreme Court authority (State must amend)	20 March 2024
Banda v Malawi Post Corporation (Personal Injury Cause 138 of 2020) [2024] MWHC 22 (19 March 2024) Claims for false imprisonment, defamation and malicious prosecution failed; conversion established only as to retained office chattels, not the claimed money. False imprisonment — distinction between reporting a crime and laying charges; Malicious prosecution — must prove prosecution by defendant, favourable termination, lack of reasonable cause and malice; Conversion — wrongful retention of chattels and denial of access; Pleadings — evidence inconsistent with pleadings may be rejected; Civil standard of proof — balance of probabilities.	19 March 2024
Kuweruza v Kampaundi (Civil Appeal 116 of 2016) [2024] MWHC 20 (18 March 2024) Appellate court found the purported will invalid, held customary law must be proved under section 64, and restored land to the appellant and siblings. Succession and customary land — validity of will under DEWIPA — DEWIPA prevails over customary law on inheritance — customary law is a question of fact requiring proof under section 64 Courts Act — proof required before land can be treated as attached to chieftaincy — Magistrate court jurisdiction and remedies for property loss.	18 March 2024
January 2024
Chatchuka v Attorney General and Another (Civil Cause 27 of 2021) [2024] MWHC 18 (29 January 2024) Assessment of quantum for unfair dismissal, gratuity, pension and notice pay under Defence Force Regulations.} :[	29 January 2024
Chauma v Chinema and 2 Others (Personal Injury Cause 148 of 2020) [2024] MWHC 21 (29 January 2024) Whether a Final Third-Party Debt Order can be set aside for alleged misrepresentation of claimant’s status (sole trader v partnership). Civil procedure — Third-Party Debt Order — application to set aside Final Third-Party Debt Order; Partnership law — status of claimant (sole trader v partnership) and effect on liability; Courts (High Court) (Civil Procedure) Rules 2017 — Order 28 rule 17 — objections pre-final order; Abuse of process — striking out.	29 January 2024