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High Court of Malawi Civil Division - 2018 January

8 judgments
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8 judgments
January 2018
Kapanda v Misanjo (Civil Appeal 90 of 2015) [2018] MWHCCiv 10 (30 January 2018)
Appeal dismissed: lower court's adverse-possession finding upheld; inheritance statute inapplicable where not pleaded.
  • Land law — adverse possession — uninterrupted occupation and use for over 12 years — limitation statute; Civil procedure — evaluation of evidence and credibility; Pleadings — court confined to issues raised; Deceased Estates Act not applicable where inheritance not pleaded.
30 January 2018
Kapanda v Misanjo (Civil Appeal 90 of 2015) [2018] MWHCCiv 14 (30 January 2018)
Appeal dismissed: adverse possession and trial court credibility findings upheld; inheritance law not considered absent pleading.
  • Land dispute — encroachment — credibility of evidence and assessment of witnesses; Adverse possession — uninterrupted use exceeding 12 years; Limitation Act principles; Pleadings — court confined to issues raised; Deceased Estates Act not applicable where inheritance not pleaded.
30 January 2018
Mwase and Another v Mwase and Another (Civil Cause 153 of 2017) [2018] MWHCCiv 43 (22 January 2018)
Plaintiffs entitled to general damages for slander; exemplary damages refused for lack of malice or profit motive.
  • Defamation (slander) — assessment of damages — general (compensatory) damages awarded for reputational injury; no special damages proved — exemplary damages inappropriate where publication not shown to be profit-driven, malicious or recklessly false; vulgar insulting language may not constitute defamation against men.
22 January 2018
Financial Intelligence Authority v Janaid t/a JS Jurk Enterprises and Karachi Enterprises and 2 Others (Civil Cause 6 of 2018) [2018] MWHCCiv 13 (19 January 2018)
Court granted a three-month extension of a freezing directive under s.23(5) after defendants failed to attend the hearing.
  • Financial Crimes Act 2017 s.23(5) — Freezing directive — Application for extension — Inter partes hearing — service on defendants and absence of counsel — discretion to extend freezing order.
19 January 2018
Chibuku Products Ltd v Malawi Revenue Authority (Civil Appeal 26 of 2015) [2018] MWHCCiv 19 (16 January 2018)
Court held management fees non-exempt under DTAs; UK treaty applied as Netherlands entity lacked substance; appeal dismissed.
  • Tax law — Double Taxation Agreements — management fees not part of industrial or commercial profits; treaty interpretation — literal where wording is clear; residence/substance — sham/substance-over-form; representative taxpayer under Sections 77–78 Taxation Act; interest under Section 105(6) — arithmetic progression, final rate applies to whole period.
16 January 2018
Solomoni & Ors. v Banda & 2 Ors. (Personal Injury Cause 736 of 2015) [2018] MWHCCiv 15 (10 January 2018)
Assessment of damages after a road accident: quantum for pain, suffering and loss of amenities based on medical evidence.
  • Assessment of damages — personal injury after road traffic accident — quantification of pain and suffering and loss of amenities — reliance on medical reports and viva voce evidence — application of restitutio in integrum — use of comparative awards adjusted for currency devaluation.
10 January 2018
Tchulu v Bakers Pride (Personal Injury Cause 646 of 2014) [2018] MWHCCiv 36 (5 January 2018)
The claimant awarded MK400,000 for pain, suffering and disfigurement after a workplace thumb injury; none for loss of amenities.
  • Personal injury — assessment of damages — default judgment on liability — evaluation of medical report versus oral evidence — awards for pain and suffering and disfigurement — no award for loss of amenities absent evidence — guidance from comparable awards and restitutio in integrum.
5 January 2018
Mvula v Nyirongo (Civil Appeal 99 of 2017) [2018] MWHCCiv 16 (1 January 2018)
Court set aside ex parte stay, ordered judgment executed, finding appeal would not be rendered nugatory; costs to applicant.
  • Civil procedure — stay of execution — setting aside ex parte stay — whether execution would render appeal nugatory — credibility of affidavit/supporting documents — costs.
1 January 2018