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High Court of Malawi Civil Division - 2017 January

5 judgments
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5 judgments
January 2017
Republic v Kongwe and 1 other (Revenue Cause 14 of 2015) [2017] MWHCCiv 25 (24 January 2017)
Trial court erred in granting ex parte discharge and releasing seized goods without affording the State an opportunity to be heard.
  • Criminal procedure — Discharge of accused under s247 CP and EC — Ex parte applications — Requirement of reasonable notice and opportunity to be heard — Effect of discharge under s247(2) — Prosecutorial delay and risk of unfair trial — Change of venue and defective record — Review and setting aside of subordinate court orders.
24 January 2017
Khunga v National Bank of Malawi (Civil Cause 232 of 2015) [2017] MWHCCiv 10 (19 January 2017)
Plaintiff's failure to block his ATM card and disclosure of PIN constituted negligence; bank not liable for ensuing fraud.
  • Banking law — ATM fraud — negligence — duty to block card — contributory negligence for disclosure of PIN — burden of proof (balance of probabilities) — adequacy of bank investigation (CCTV).
19 January 2017
Republic v Khoviwa (Sentencing Rehearing Case 35 of 2016) [2017] MWHCCiv 24 (13 January 2017)
13 January 2017
State v Mseyama and 4 others (Criminal Review Case 6 of 2016) [2017] MWHCCiv 26 (5 January 2017)
5 January 2017
Harry v State (MISC Criminal Case 43 of 2016) [2017] MWHCCiv 23 (4 January 2017)
4 January 2017