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High Court of Malawi Civil Division - 2021 December

2 judgments
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2 judgments
December 2021
S (on the Application of MERA) v Ombudsman (Judicial Review Cause 60 of 2021) [2021] MWHCCiv 214 (27 December 2021)
Court upheld permission for judicial review and continued interim injunction, finding triable questions on jurisdiction and bias.
  • Judicial review — permission stage (arguable case) — Ombudsman powers under s123(1)-(2) — jurisdictional limits versus alternative remedies — apparent bias/conflict of interest — interlocutory reliefs to preserve status quo pending review.
27 December 2021
State on Application of Africa Fertilizers Limited v Malawi Bureau of Standards (Civil Review Cause 19 of 2021) [2021] MWHCCiv 31 (9 December 2021)
A regulator’s recall order issued without hearing the applicant breached natural justice and was quashed; costs awarded against the respondent.
  • Administrative law — natural justice — right to be heard — recall and re-export of imported goods — Malawi Bureau of Standards Act (market surveillance, section 30 and section 35) — procedural fairness — result of re-testing deemed to apply to whole batch (section 35(3)) — decision void for breach of natural justice.
9 December 2021