High Court of Malawi Civil Division - 2021 December

2 judgments

Court registries

  • Filters
  • Judges
  • Alphabet
Sort by:
2 judgments
Citation
Judgment date
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
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