Skip to document content Skip to main menu Skip to search

High Court of Malawi Civil Division - 2022 November

4 judgments
Advanced search
Skip past Court registries
Skip past years
Skip past months
Filters
Skip to results
4 judgments
November 2022
Chinthuta v Dista (Land Cause 200 of 2022) [2022] MWHCCiv 50 (24 November 2022)
The court refused the applicant's interlocutory injunction, preserving the respondent's possession pending final determination.
  • Interlocutory injunctions — land disputes — adequacy of damages — status quo — balance of convenience — delay and long-standing possession.
24 November 2022
Rahman v Patrick & Cooperatives Insurance Company Ltd (Personal Injury Cause 1023 of 2021) [2022] MWHCCiv 15 (21 November 2022)
Registrar recused and referred the enforcement application to the judge after counsel's intimidating, unprofessional conduct raised an appearance of bias.
  • Recusal — Registrar's referral to judge under Order 25 CPR 17 — Objective test for appearance of bias — Counsel's professional conduct and duty to court — Judicial independence and administrative authority of Registrar.
21 November 2022
Kajoloweka v Botha (Civil Cause 103 of 2016) [2022] MWHCCiv 57 (16 November 2022)
Claimant's failure to comply with Registrar's order led to automatic dismissal for want of prosecution; no costs awarded.
  • Civil procedure — want of prosecution — failure to comply with Registrar's directions — automatic dismissal for inexcusable delay — costs discretion.
16 November 2022
Director of Public Prosecutions & The Attorney General v Norman Paulosi Chisale & Ors. (Civil Cause 75 of 2021) [2022] MWHCCiv 70 (3 November 2022)
Application to vary preservation order for living and legal expenses dismissed for failure to prove need and inadequate disclosure.
  • Financial Crimes Act — preservation orders — variation for reasonable living and legal expenses — statutory criteria under ss.70–71 — disclosure on oath — admissibility and weight of FIA financial analysis and bank statements — balancing preservation against hardship.
3 November 2022