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High Court of Malawi Civil Division - 2019 June

3 judgments
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3 judgments
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