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High Court of Malawi Civil Division - 2021 May

4 judgments
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4 judgments
May 2021
S(On the application of Tengo Rubadiri on his own behalf and on behalf of the dependents and beneficiaries of David Rubadiri, deceased) v Director of National Parks and Wildlife (Judicial Review 32 of 2019) [2021] MWHCCiv 17 (27 May 2021)
Failure to furnish written reasons for denying land access breaches the constitutional right to administrative justice.
  • Administrative law — Section 43 Constitution — right to lawful and procedurally fair administrative action — duty to furnish written reasons — judicial review focuses on decision-making process — remedy: quashing decision; damages for trespass.
27 May 2021
State( on Application of Rubadiri ) v Director of National Parks and Wildlife (Judicial Review Case 32 of 2019) [2021] MWHCCiv 30 (27 May 2021)
Claimant's challenge to denial of access succeeded: failure to give reasons breached section 43, decision quashed and trespass damages awarded.
  • Administrative law — Judicial review — Procedural fairness — Failure to give written reasons — Breach of constitutional right to administrative justice (Section 43) — Decision quashed — Remedy: damages for trespass — Court reviews process not merits of title dispute.
27 May 2021
S( On application of Itaye, Tembo. Tambula, Macheso, Njolomole, Shamu) v Office of the Ombudsmanand MACRA (Judicial Cause 23 of 2021; Judicial Review 24 of 2021; Judicial Review 26 of 2021; Judicial Review 27 of 2021; Judicial Review 28 of 2021; Judicial Review 29 of 2021) [2021] MWHCCiv 16 (20 May 2021)
Multiple judicial review applications arising from the same Ombudsman report were consolidated under Order 6 rule 9 for efficiency.
  • Civil procedure — consolidation of claims — Order 6 rule 9 Courts (High Court) (Civil Procedure) Rules, 2017 — common question of law or fact — judicial review arising from the same Ombudsman report — joinder guidance under Order 6 rule 5.
20 May 2021
State( on the Application of Itaye) v Ombudsman (Judicial Review Case 23 of 2021) [2021] MWHCCiv 28 (18 May 2021)
Court granted leave for judicial review of the Ombudsman report but refused an interim stay, citing available contractual remedies.
  • Judicial review — leave to apply — Ombudsman determination reviewable under section 123(2) of the Constitution — interim stay refused where adequate alternative remedies in employment contract exist — leave-stage assessable on prima facie arguable case.
18 May 2021