Results.
8 judgments found.
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| October 2022 |
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An oral stay of the recusal ruling was disallowed for procedural non-compliance, prematurity, lack of merits, and counsel misconduct.
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Civil procedure — stay pending appeal — oral application — Order 10 r.9 CPR; Inherent jurisdiction — limited role where statute governs; Leave to appeal required for judgments in chambers (s.21 SCA Act); Duty of candour — counsel misconduct; Costs awarded.
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31 October 2022 |
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A dependant suing (not as executor) is limited to Part I damages; court uses minimum-wage multiplicand and Treasury Note discount rates.
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Statute Law (Miscellaneous Provisions) Act — Part I survival actions — loss of dependency; claimant not executor limited to Part I remedies; assessment of dependency damages — multiplicand from minimum wage where earnings unproved; split pre-trial/post-trial losses; use of Malawi Treasury Note yields as discount rate.
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31 October 2022 |
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Judicial review permission denied where statutory appeal to the Police Service Commission remained unexhausted; demotions upheld for now.
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Administrative law — judicial review — permission stage — requirement to exhaust statutory alternative remedies (appeal to Police Service Commission) — timeliness within three months — proper naming of statutory disciplinary bodies — demotion as review decision by National Police Disciplinary Committee.
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28 October 2022 |
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A properly executed release discharges further claims and estops the releasor unless set aside for fraud or misrepresentation.
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Civil procedure — Release and Discharge Agreement — Binding effect of a properly executed release — Estoppel by release — Relief to set aside a release requires strong evidence of fraud, misrepresentation or mutual mistake; illiteracy or private negotiations without counsel insufficient without clear proof.
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25 October 2022 |
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High Court claim dismissed as abuse of process where identical Magistrate’s Court proceedings and consent order existed.
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Civil procedure — abuse of process — multiplicity of proceedings — res judicata — consent order effect — inherent power to dismiss frivolous or vexatious actions — motor vehicle personal injury claim.
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4 October 2022 |
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Applicant's revision for failure to admit a written contract dismissed; remedy available by appeal; record remitted.
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Civil procedure — Supervisory and revisionary jurisdiction (s26 Courts Act) — Duty of trial courts to guide unrepresented parties on adducing documentary evidence — Review barred where appeal lies and was not pursued (s27 Courts Act) — High Court's power on appeal to call additional evidence (s22(d)).
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4 October 2022 |
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Oral recusal application lacking legal basis, service, sworn evidence, and cogent proof of bias was dismissed with costs.
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Recusal — Judicial impartiality — Appearance of bias assessed by the fair‑minded, informed observer test — Requirement of cogent evidence — Procedural compliance under CPR (Order 10) essential for interlocutory applications — Dismissal in limine for procedural defects.
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3 October 2022 |
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The claimant failed to prove a grant from the prior owner; claim for possession dismissed for insufficient evidence.
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Property — proof of grant — documentary and oral contradictions; evidentiary weight of survey plans; burden and standard of proof in civil land disputes; failure to produce original documents and corroborating witnesses; claim for summary possession dismissed.
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3 October 2022 |