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High Court of Malawi Civil Division - 2019

12 judgments
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12 judgments
Citation
Judgment date
December 2019
Chilinde and Kanyimbiri v M Mpagaja and ORS (Land Case 64 of 2019) [2019] MWHCCiv 6 (20 December 2019)
20 December 2019
September 2019
Mhone v Electoral Commission and Another (Election Petition 11 of 2019) [2019] MWHCCiv 12 (16 September 2019)
Petition alleging result-sheet alterations, barred monitors and unsealed ballot box failed for lack of sufficient evidence.
Electoral law — election petition under s.100 PPEA — proper mode of commencement; burden and variable standard of proof in election petitions; admissibility and weight of polling-station result sheets (MEC.POLL 066b) and record log books; recount/scrutiny and effect of unsealed ballot box; requirement for written complaints at polling stations (s.89).
 16 September 2019
July 2019
Mwenifumbo v Electoral Commission (Election Petition 28 of 2019) [2019] MWHCCiv 9 (7 July 2019)
Applicant failed to prove accreditation, labelling, or counting irregularities affected the election result on a balance of probabilities.
Electoral law – monitors’ accreditation and identity documents – polling-station procedure – stream labelling and alleged campaigning – ballot display and counting procedure – requirement to make written complaints – burden of proof on balance of probabilities.
 7 July 2019
June 2019
Banda and 6 Others v Electoral Commission (Election Petition 31 of 2019) [2019] MWHCCiv 11 (27 June 2019)
A petition filed after the seven-day period under section 100 was held time-barred and dismissed; local government claims belong under the Local Government Elections Act.
Election law – limitation period for election petitions – s100 Parliamentary and Presidential Elections Act is mandatory and not extendable by court; s114 appeals require reasonable time though no statutory limit; local government election petitions governed by Local Government Elections Act.
 27 June 2019
Kajawo (On behalf of Mwambucha Clan) v Mwambucha (Civil Case 73 of 2019) [2019] MWHCCiv 1 (13 June 2019)
13 June 2019
Kalilani and 8 Others v Jiva and 10 Others (Electoral Case of 2019) [2019] MWHCCiv 10 (12 June 2019)
A s.114 appeal requires a prior Commission decision on an alleged irregularity; absent that, the petition was incompetent and dismissed.
Electoral law – Parliamentary and Presidential Elections Act s.114 – appeal lies only against a Commission decision confirming or rejecting an irregularity; exhaustion of MEC complaints procedure required; non-exercise by Commission may be judicial review; petition dismissed as incompetent.
 12 June 2019
May 2019
Jumpha and Jumpha v Mguba and Re-union Insurance Company Limited (Civil Cause 624 of 2016) [2019] MWHCCiv 3 (6 May 2019)
6 May 2019
Longwe v The Registered Trustees of Seventh-Day Adventist Hospital t/a Blantyre Adventist Hospital (Civil Case 2547 of 2008) [2019] MWHCCiv 2 (2 May 2019)
2 May 2019
February 2019
Chikomeni Chirwa v Malawi Electoral Commission (Electoral Case 1 of 2019) [2019] MWHCCiv 5 (25 February 2019)
25 February 2019
Kaombe v Ned Bank Malawi Limited (Civil Cause 86 of 2017) [2019] MWHCCiv 8 (20 February 2019)
20 February 2019
Mwenelupembe v Majawa and First Microfinance Centre Limited (Misc Civil Cause 14 of 2019) [2019] MWHCCiv 7 (15 February 2019)
15 February 2019
January 2019
Chelewani v UTM and Dr Michael Usi (Civil Cause 14 of 2019) [2019] MWHCCiv 4 (28 January 2019)
28 January 2019