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High Court of Malawi Civil Division - 2018 June

3 judgments
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3 judgments
June 2018
S (on application of Registered Trustees of Christian Service Committee of the Churches in Malawi) v Regional Commissioner for Lands (North) (Judicial Review Cause 1 of 2018) [2018] MWHCCiv 42 (28 June 2018)
Whether the respondent unlawfully reallocated leased land without hearing or complying with constitutional expropriation procedures.
  • Judicial review — public authority as proper respondent — natural justice — right to be heard — land reallocation and expropriation — compliance with section 44(3) Constitution — right to property (section 28) — Wednesbury unreasonableness.
28 June 2018
State( on the Application of Registered Trustees of Christian Service Committee of the Churches in Malawi) v Regional Commissioner of Lands (Judicial Review Cause 1 of 2018) [2018] MWHCCiv 45 (28 June 2018)
The Regional Commissioner unlawfully reallocated leased land without affording the applicant a hearing or complying with section 44(3) of the Constitution.
  • Administrative law — Judicial review — Natural justice — Right to be heard — Reallocation/re‑entry onto leased land — Expropriation under section 44(3) of the Constitution — Procedural fairness and Wednesbury unreasonableness — Proper respondent in judicial review of public authority action.
28 June 2018
Lilongwe City Council v Baisi and 4 Others (Civil Cause 1131 of 2016) [2018] MWHCCiv 44 (11 June 2018)
Whether mandatory s91 publication authorises seizure and sale for unpaid rates and precludes instalment relief absent ordinary debt proceedings.
  • Local Government Act s91 — seizure and sale for unpaid rates — mandatory Gazette and newspaper publication; Rates attach to property; s78 — payment pending objection; s91(7) — distinctness from ordinary debt recovery; instalment relief not available in s91 proceedings.
11 June 2018