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High Court of Malawi Civil Division - 2020 January

4 judgments
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4 judgments
January 2020
Opportunity Bank of Malawi Limited v Chiphwanya and Others (Civil Appeal 24 of 2019) [2020] MWHCCiv 48 (29 January 2020)
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.
29 January 2020
Phiso (Administratix of the Estate of Esaltino De Souza) v Dickson & Another (Personal Injury Cause 230 of 2016) [2020] MWHCCiv 5 (14 January 2020)
14 January 2020
Mulimba (Mother of the late King Ntchema, Deceased) v Malawi Bureau of Standards & Another (Personal Injury Cause 383 of 2019) [2020] MWHCCiv 33 (10 January 2020)
10 January 2020
Registered Trustees of Living Waters Church v Singini and Another (Miscellaneous Civil Cause 58 of 2016) [2020] MWHCCiv 47 (7 January 2020)
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
7 January 2020