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High Court of Malawi Civil Division - 2022 December

6 judgments
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6 judgments
December 2022
Kulima v Chivundi and Alpha Security Company Limited (Personal Injury 418 of 2013) [2022] MWHCCiv 28 (24 December 2022)
Assessment of severe leg injuries: court awarded K29,000,000 (less prior K7,750,000), balance K21,250,000 payable in 45 days.
  • Personal injury — Assessment of damages — Pain and suffering, loss of amenities, disfigurement, loss of future earning capacity, nursing care — Hearsay inadmissibility of medical reports not tendered by authors — Use of pictorial evidence and court observation — Multiplicand/multiplier method for future loss — Restitutio in integrum and proportionality.
24 December 2022
S v Inspector General of Police, Clerk of the National Assembly and Minister of Justice; Ex-parte M.M and 18 Others (Judicial Review 7 of 2020) [2022] MWHCCiv 19 (20 December 2022)
Court reduced taxed costs from MK255.7m to MK70.9m; required evidential support, proportionality, and awarded instruction fee to the NGO.
  • Civil procedure — Taxation of costs — Order 31 CPR — standard basis: reasonableness and proportionality; evidence required for fee earners and timesheets; instruction fees payable to instructed firm; expert fees require receipts/agreements; review where taxing officer erred or was unreasonable.
20 December 2022
S ( on the application of Chokani Mhango) v Controller of Statutory Corporation, Secretary to the President and Cabinet and Attorney General (Judicial Review 48 of 2021) [2022] MWHCCiv 23 (9 December 2022)
The claimant vacated an ex parte suspension after defendants failed to draw or serve the formal order.
  • Judicial review — ex parte suspension of enforcement — failure to draw up and serve formal order — Order 23 Rule 2(3)(a) — service by WhatsApp insufficient — bad faith — overriding objective and equal footing — application to vacate granted.
9 December 2022
Malawi Law Society v Corporate Lawyers Association Limited and Registered Trustees of the Commercial Bar Association (Civil Cause 64 of 2022) [2022] MWHCCiv 22 (8 December 2022)
Whether a statutory law society may curtail members' freedom of association requires full trial and constitutional certification.
  • Constitutional law — freedom of association of lawyers — declaratory relief — suitability for summary disposal; Professional regulation — scope of regulator’s powers over members; Competition law — alleged monopoly by specialist bar associations; In-house lawyers — entitlement to perform restricted legal work under section 31(1).
8 December 2022
Malawi Law Society v Corporate Lawyers Association Ltd. & Anor. (Civil Cause 64 of 2022) [2022] MWHCCiv 20 (8 December 2022)
Application for summary declaratory relief to restrict lawyers' association rights declined; constitutional issues referred to multi-judge panel.
  • Administrative law and professional regulation — Declaratory relief — Freedom of association — Whether a statutory law society may curtail members' association rights — Summary disposal standard — real prospect of defence — Competition law and restricted legal work issues.
8 December 2022
The Malawi Law Society v Corporate Lawyers Association Limited & Registered Trustees of the Commercial Bar Association (Civil Cause 64 of 2022) [2022] MWHCCiv 71 (8 December 2022)
Court refused summary declarations to restrict lawyers' association rights, referring constitutional questions to a multi-judge panel.
  • Constitutional law — freedom of association of lawyers — limits by regulatory law society; declaratory relief — justiciability; summary disposal — real prospect of defence required; in-house lawyers and restricted legal work; competition concerns in specialist legal associations.
8 December 2022