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Citation
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Judgment date
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| December 2020 |
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17 December 2020 |
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8 December 2020 |
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8 December 2020 |
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Applicant established a prima facie defamation claim warranting an interlocutory injunction and removal of defamatory social-media posts.
Civil procedure – interlocutory injunction – American Cyanamid test – defamation via social media – freedom of expression versus protection of reputation – order to remove online posts and commence action within fixed period.
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5 December 2020 |
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4 December 2020 |
| November 2020 |
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Minor electrocuted by defendant's live wire awarded MK23,000,000 for pain, loss of amenities and disfigurement.
Personal injury — Electric burns to minor — Assessment of general damages for pain and suffering, loss of amenities and disfigurement — Weight of medical reports, photographs and court observation — Quantum of award and consideration of comparative authorities.
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27 November 2020 |
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18 November 2020 |
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11 November 2020 |
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Unlawful governmental seizure prevents acquisition of title by adverse possession; limitation tolled until plaintiff discovered title.
Limitation Act s6 & s21 — disability and extension of limitation period; Registered Land Act s134(1) — adverse possession requirements (peaceable, open, uninterrupted); unlawful governmental seizure taints successors and precludes acquisition by prescription.
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11 November 2020 |
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7 November 2020 |
| October 2020 |
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23 October 2020 |
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21 October 2020 |
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16 October 2020 |
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Claimant (personal representative) entitled to damages; court quantified loss of expectation, dependency and special damages.
Wrongful death – entitlement to damages by personal representative without letters of administration; assessment of loss of expectation of life; multiplicand/multiplier method for loss of dependency; proof and admissibility of special damages receipts.
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16 October 2020 |
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16 October 2020 |
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1 October 2020 |
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1 October 2020 |
| September 2020 |
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Claimant failed to prove driver’s negligence or resulting damages; documentary and witness evidence not tendered, each party to bear own costs.
Negligence — burden of proof on claimant — requirement to prove duty, breach and causation — pedestrian also owes duty of care — failure to tender documentary evidence and call witnesses fatal to claim — res ipsa loquitur not invoked or pleaded — insurer liability fails if primary claim not proved.
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24 September 2020 |
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18 September 2020 |
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16 September 2020 |
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Section 32(2) mandates automatic transfer on existing terms; purchaser cannot replace terms and early retirement was unlawful.
Employment law — Sale of undertaking — Section 32(2) Employment Act — automatic transfer and continuity of contract; offer of new terms by transferee unenforceable; unlawful early retirement = breach/unfair dismissal; assessment of damages under section 63 — just and equitable, mitigation and marketability; quantum substituted at 28 months' pay.
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10 September 2020 |
| August 2020 |
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Decree nisi granted to respondent for cruelty; petitioner failed to prove respondent’s desertion and provocation defence was rejected.
Divorce — desertion: elements and proof; Divorce — cruelty: single serious act suffices; Provocation defence; Condonation and reconciliation; Constitutional dignity informs cruelty assessment.
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27 August 2020 |
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Court reversed lower court: awarded Mandala house to appellant, upheld Lilongwe trust management, ordered K3,000,000 maintenance by respondent.
Family law — Distribution of matrimonial property — Joint ownership a question of fact — Consideration of non-monetary contributions and fairness (Sikwese v Banda) — Charges/mortgages are encumbrances and do not transfer title — Maintenance award on dissolution.
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27 August 2020 |
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Defendant's encroachment and tree-felling constituted trespass; court granted declarations, damages to be assessed, and costs to plaintiff.
Property law – Trespass to land – Encroachment and felling of trees – Trespass actionable per se; entitlement to declarations, damages and injunctive relief; mandatory injunctions require specificity.
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27 August 2020 |
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18 August 2020 |
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3 August 2020 |
| July 2020 |
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28 July 2020 |
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8 July 2020 |
| May 2020 |
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6 May 2020 |
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6 May 2020 |
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5 May 2020 |
| April 2020 |
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22 April 2020 |
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20 April 2020 |
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6 April 2020 |
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2 April 2020 |
| March 2020 |
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24 March 2020 |
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Misheading of a notice of appeal is curable; the Labour Relations Act’s 30-day appeal period to the Industrial Relations Court prevails over the Subordinate Courts Rules.
Civil procedure – appeals from Industrial Relations Court – validity of notice of appeal – defective heading – curable error; Time limits for filing notice of appeal – specific statutory provision (Labour Relations Act s65(2), 30 days) prevails over general Subordinate Courts Rules (Order 33, 14 days); Form requirements – purpose and curing of clerical defects; Preliminary objections – when to be upheld.
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11 March 2020 |
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5 March 2020 |
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Whether a judgment made in chambers required leave to appeal and whether a stay order effectively granted that leave.
Civil procedure — Appeal from judgment made in chambers — Requirement for leave under Supreme Court of Appeal Act — Validity of notice of appeal filed before grant of leave — Effect of stay order as de facto grant of leave; Order III r3(2); s23 SCA Act; procedural time limits.
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5 March 2020 |
| February 2020 |
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28 February 2020 |
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26 February 2020 |
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26 February 2020 |
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24 February 2020 |
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22 February 2020 |
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4 February 2020 |
| January 2020 |
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Court stayed execution after Registrar prematurely issued and executed a warrant; directed review by Deputy Chairperson.
Civil procedure — Stay of execution — Industrial Relations Court — Registrar's powers under Rule 5A — Review by Chairperson/Deputy Chairperson — Interpretation of "reasonable time" in assessment orders — Premature issuance and execution of warrant — Allegations of Registrar misconduct.
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29 January 2020 |
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14 January 2020 |
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10 January 2020 |
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Declaration of lawful ownership of public land allocated by the Commissioner; sale to purchaser void; brief trespass no damages.
Land law – declaration of planning area converts customary land to public land under Town and Country Planning and Land Acts – allocation and administration by Commissioner for Lands – occupiers cultivating public land possess no transferable title; sale by occupier void
Tort – trespass by brief wrongful occupation; limited period may not attract damages. Constitutional property rights – declaratory relief available; no separate damages where trespass too brief and hearing inadequate
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7 January 2020 |