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High Court of Malawi Civil Division - 2022 November

4 judgments
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4 judgments
Citation
Judgment date
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