High Court of Malawi Civil Division - 2017 December

5 judgments
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Results. 5 judgments found.

5 judgments
December 2017
Assessment of damages for a minor's road traffic injuries: quantum for pain, disfigurement, and minimal future earning loss.
  • Assessment of damages — personal injury from road traffic accident — quantum for pain and suffering and loss of amenities — award for disfigurement — minimal future loss of earning capacity for a minor absent evidence — proof required for special damages — assessment in default of defendant.
28 December 2017
Appellant’s land ownership challenge dismissed for failing to show trial-court error; magistrate’s credibility findings and T/A evidence upheld.
  • Land law — unlawful sale/purchase of land; appeal — requirement to identify errors of law or fact; assessment of witness credibility; evidentiary weight and admissibility of Traditional Authority testimony; appellate deference to trial court’s factual findings.
18 December 2017
Whether a municipal withdrawal and demolition of an allocated plot complied with statutory/by‑law procedure and constituted trespass.
  • Land law — municipal plot allocation and withdrawal — requirement to follow local by-laws and Plot Allocation Committee procedure; Town and Country Planning Act — limits of stop notices; permitted development and right to compensation; trespass — unlawful demolition of structures; remedies and costs.
13 December 2017
Whether a subordinate court can transfer to the High Court and the duty of full disclosure in ex parte transfer applications.
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11 December 2017
Under customary law, the royal family’s selection controls VH succession; a TA may not appoint or impose a non‑royal candidate.
  • Customary law and chieftaincy succession — village headman appointment — limits on Traditional Authority’s power — family selection rights — interim caretaker not entitled to ascend.
11 December 2017