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Citation
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Judgment date
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| December 2023 |
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Stay pending appeal continued because impecuniosity was not proven and only quantum was under appeal.
Civil procedure – Stay of execution pending appeal – Appeal concerned only quantum – Burden on applicant to prove appeal would be nugatory by demonstrating impecuniosity at time of application – Procedural non-compliance with issuance formalities distinguished where court had previously fixed hearing date.
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15 December 2023 |
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Court awarded two months’ pay per year plus statutory severance, included certain fringe benefits, and ordered refunds and a 10% devaluation boost.
Employment law – unfair dismissal – assessment of compensation – application of s.63(4) and (5) Employment Act – duration of service as primary factor; wages definition – inclusion of fringe benefits (airtime, milk, sugar, fuel, housing) and exclusion of employer pension/medical contributions for severance; mitigation of loss not applied as statutory requirement; failure to lead evidence precludes assessment of salary arrears.
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4 December 2023 |
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Regulator acted ultra vires by treating subscription-management provider as a tariff-setting broadcaster; committee hearing was procedurally fair.
Communications law – Tariff regulation (s.74(1)) – Distinction between subscription broadcasting and subscription management services – Scope of licence – Ultra vires review – Delegation to committees (s.15) – Procedural fairness of regulatory enforcement hearing.
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1 December 2023 |
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The applicants’ non-consultation before redundancy violated fair labour practices; the SCA precedent was held per incuriam.
Labour law – Retrenchment/redundancy – Requirement to consult employees – Fair labour practices (Constitution s31) – Employment Act s57 and s61(2) – ILO Convention 158 (arts 13–14) – Per incuriam decision (Mkaka One) – Remedy: compensation assessment.
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1 December 2023 |
| October 2023 |
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Court refused oral amendment to cure a jurisdictional omission, dismissed the amendment application and awarded costs to the respondents.
Civil procedure — Interlocutory applications — Oral applications permitted under Order 10 rule 2(2) — Amendment of applications — Jurisdictional provision (section 23 Courts Act) omitted — Court will not permit amendment that effectively overturns prior ruling — Costs awarded — Leave to appeal refused.
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27 October 2023 |
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Court refused dismissal for want of prosecution and ordered defendant’s lawyers to pay the applicant’s costs personally.
Civil procedure — dismissal for want of prosecution (Order 12 r54) — burden of proof — admissible court file evidence — scheduling conference documents — costs — personal liability of legal practitioners.
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24 October 2023 |
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Wrong procedural regime and incurable procedural irregularities led to dismissal of the plaintiff’s action; leave to appeal granted.
Civil procedure – transitional application of rules – 2017 Civil Procedure Rules do not apply to actions commenced before 3 October 2017; Rules of the Supreme Court govern. Procedural irregularity – incurable hybrid use of rules, failure to follow mandatory mediation, improper addition of party – grounds for dismissal. Application to dismiss for want of prosecution must be brought under applicable rules.
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18 October 2023 |
| August 2023 |
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Whether default judgment and order for allocation of alternative land are proper despite defective process and Government's failure to defend.
Default judgment against Government; valid service on Attorney General; procedural irregularities not fatal; court can order allocation of alternative land; public interest in protecting educational facilities; compensation governed by Lands Acquisition and Compensation Act.
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30 August 2023 |
| July 2023 |
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Offer of lease alone is insufficient for ownership; procedural revocation failure by land authority gives rise to damages against the State.
Land law – offer of lease vs. registered title; Registered Land Act – requirement of registration for leasehold rights; Possession and trespass – possession indicators vs. lawful authority to enter; Town and Country Planning Act – revocation procedure, notice and compensation; Civil procedure – originating summons responses must be by affidavit; State liability for administrative procedural failure.
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14 July 2023 |
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10 July 2023 |
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Assessment of wrongful-death damages: valuation of loss of expectation of life and dependency with inadequate income evidence.
Wrongful death — Assessment of damages — Loss of expectation of life — Loss of dependency — Multiplicand and multiplier method — Use of minimum wage where income evidence lacking — Special damages and costs.
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4 July 2023 |
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Applicant’s rush to appellate court was premature; lower court’s decision to hear matter inter partes was within its CPR case-management discretion.
Administrative law – judicial review – leave to apply and interim injunction – ex parte v inter partes hearings – case management discretion under CPR – balance of convenience and public interest in stays of administrative decisions.
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4 July 2023 |
| June 2023 |
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Assessment of damages for retained surgical pack causing prolonged injury; infertility claim not established by medical evidence.
Medical negligence – retained surgical pack after caesarean – prolonged infection and multiple surgeries – assessment of quantum for pain and suffering, loss of amenities and disfigurement – inability to prove infertility without medical evidence – ex parte assessment after strike‑out of defence – reliance on comparable precedents and consideration of currency devaluation.
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28 June 2023 |
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High Court lacks first-instance jurisdiction over customary land disputes; interlocutory injunction and claim dismissed, no costs, leave to appeal refused.
Customary land — Appellate jurisdiction of High Court under s49 Customary Land Act and Reg 76 — First-instance customary land disputes to customary tribunals — Interlocutory injunction inappropriate in wrong forum — Legal Aid: no costs against legally-aided person — Leave to appeal refused.
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26 June 2023 |
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A statutory public corporation was held to be protected from seizure-and-sale enforcement under Order 34; the sale and seizure was stayed.
:[
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16 June 2023 |
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Default judgment refused due to incurable procedural defects and lack of jurisdiction in a customary land dispute.
Civil procedure – Default judgment – Proof of service and supporting sworn statements – Procedural irregularities (undated/unsigned summons) – Jurisdiction – Customary land disputes and the Customary Land Act 2016 – Effect of subordinate court orders and parties – Costs discretion.
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15 June 2023 |
| May 2023 |
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Claimant proved contractor’s negligence for failing to erect roadwork warning signs, causing her husband’s fatal accident.
Negligence — duty of care of road contractor — failure to erect warning signs at roadworks — causation of fatal accident — burden and standard of proof — failure to call material witnesses — costs awarded to successful claimant.
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29 May 2023 |
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Applications for stay and enlargement of time dismissed as premature and incompetent for lack of jurisdiction; costs awarded to respondent.
Civil procedure — stay of execution — Applicant must first apply to court below (Order I r.18); stay exceptional and discretionary; Enlargement of time — where order made in chambers leave to appeal required (s.21 SCA Act); Appeals premature before assessment of damages — inchoate judgment; Wrong procedural provision renders application incompetent.
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19 May 2023 |
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Claimant failed to show abuse of prosecutorial discretion; permission for judicial review and stay denied.
Judicial review — prosecutorial discretion — rare and extreme circumstances required to intervene — abuse of process and mala fides — threshold for permission to apply for review.
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19 May 2023 |
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16 May 2023 |
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12 May 2023 |
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Absence from mediation requires sworn proof of good cause; court adjourned proceeding but ordered defendants to pay attendance costs.
Civil procedure – mediation – defendant's failure to attend – need for sworn evidence to establish good cause – adjournment versus striking out – costs for claimant's attendance.
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5 May 2023 |
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Default-judgment application dismissed where land dispute raised deceased-estate issues and procedural proof and identity requirements were unmet.
Default judgment; Order 12 (2017 Rules) — requirements for applications for recovery/possession of customary land; jurisdictional limits where deceased estate/inheritance issues arise; proof of service and identity; requirement to serve personal representative; role of Customary Land Act dispute mechanisms.
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4 May 2023 |
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Whether an insurer is liable where the policyholder sold the insured vehicle to the tortfeasor before the accident.
Motor vehicle accident — Admission of liability by tortfeasor — Insurer liability — Effect of insured’s sale of vehicle on policy coverage — Issue referred for trial.
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2 May 2023 |
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Relying on errors in the cause list does not justify failing to attend a court-ordered mediation without a reasonable explanation.
Civil procedure — Mediation — Formal notice (Form 14) versus cause list — Failure to attend mediation — Restoration of dismissed action — Requirement of reasonable explanation.
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2 May 2023 |
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2 May 2023 |
| April 2023 |
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Employer vicariously liable and breached statutory safety duties; claimant awarded damages and costs.
Employer duty of care; vicarious liability for employee's negligence; breach of Occupational Health, Safety and Welfare Act (s.13); failure to call material witness and to produce maintenance records; contributory negligence considered.
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26 April 2023 |
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Whether a Registrar may restore a defence struck out under Order 13(6)(2) or must refer the issue to the Judge.
Civil procedure — Mediation — Order 13(6): distinction between dismissal of claim and striking out defence; Registrar's powers under Order 25 — scope, delegation by Judge, and appealability; referral to Judge under Order 25(2) where jurisdictional uncertainty exists.
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19 April 2023 |
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Registrar refers application to Judge, holding restoration of a struck-out defence under Order 13(6)(2) raises jurisdictional ambiguity.
Civil procedure – mediation – strike out of defence for non-attendance – restoration under Order 13(6)(2) – distinction between "dismiss" and "strike out" – Registrar's jurisdiction under Order 25 – referral to Judge – appealability of Registrar decisions when authorised.
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19 April 2023 |
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Court set aside stay and dismissed appeal for want of prosecution due to inordinate delay and abuse of process.
Civil procedure – delay and want of prosecution – Inordinate and inexcusable delay as abuse of court process – Stay of execution set aside – Dismissal of appeal under Order 12 Rule 54(1) – Costs awarded to successful party.
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18 April 2023 |
| March 2023 |
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Assessment of damages for two accident victims: awards for general damages, nominal future loss due to insufficient income proof.
Damages — Personal injury; assessment of quantum for pain and suffering, loss of amenities and disfigurement; loss of earnings and earning capacity — proof of pre-accident income and use of multiplicand/multiplier — nominal awards where income evidence lacking.
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31 March 2023 |
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Court corrected procedural error by granting an enforcement hearing order and requiring direct service on the enforcement debtor before the hearing.
Civil procedure – Enforcement hearing order under Order 28 r.5 – Distinction between enforcement hearing order and notice of examination of judgment debtor – Service requirements where debtor or independent witness absent (seven days) – Power to grant enforcement hearing order despite procedural error.
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27 March 2023 |
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A restoration application in Chambers succeeds if a party reasonably explains absence, acts promptly, and shows arguable prospects of success.
Civil procedure — Restoration of proceedings heard in Chambers — Inherent jurisdiction and Orders 1 r.5, 10 r.5 — Requirements: reasonable explanation for absence, promptness, reasonable prospect of success — Prejudice to be considered — Service and chamber practice.
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27 March 2023 |
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Permission granted to judicially review university admission decision; preliminary objection on defendant and service dismissed.
Administrative law — Judicial review; procedural fairness and legitimate expectation in university admissions; delegated authority of selection committees under the University of Malawi Act; service of process and proper defendant in judicial review proceedings; interim relief considerations.
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10 March 2023 |
| February 2023 |
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First offenders convicted of misuse of public office and influence received three-year sentences suspended for two years due to no loss and mitigating factors.
Corruption offences – Misuse of public office (section 25B(1)) – Influencing public officer (section 25(2)) – Sentencing: breach of trust, planning, no actual loss, first offenders – Suspension of sentence under sections 339 and 340 Criminal Procedure and Evidence Code.
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27 February 2023 |
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Permission granted to judicially review a statutory appointment; stay refused pending substantive determination.
Administrative law – Judicial review – Legality and rationality of public appointments – Whether appointment authority lies with President or Minister – Requirement that appointment be from serving public service members – Retirement age under Public Service Act – Standing to seek judicial review – Discretion to grant stay pending review.
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17 February 2023 |
| January 2023 |
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Application for stay under Order 28 r48 was procedurally incompetent absent an existing enforcement order; applicant given leave to refile.
Civil procedure – Stay of execution pending appeal – Order 28 rule 48 requires an existing enforcement order – prerequisites for stay: serious issue, inadequate damages, status quo, relative strength of case – procedural competence.
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27 January 2023 |
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Court refused to stay compensation assessment pending appeal, holding inchoate liability-only judgments are not suitable for piecemeal appeals.
Civil procedure — Stay of proceedings — Whether assessment of compensation should be stayed pending appeal — Inchoate judgments (liability without quantified damages) not appealable — Jurisdictional objections and choice of assessing officer do not necessarily warrant suspension — Protecting effective remedies and avoiding piecemeal appeals.
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25 January 2023 |
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Dismissal without a fair hearing violated constitutional procedural rights; damages awarded, reinstatement impracticable.
Administrative law – right to lawful and procedurally fair administrative action (section 43) – audi alteram partem; Employment law – unfair dismissal for lack of fair disciplinary process; Remedy – damages where reinstatement impracticable; Costs follow the event.
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24 January 2023 |
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Permission to seek judicial review denied where applicant failed to establish an arguable case or show ownership of impounded timber.
Administrative law — Judicial review — Leave to apply for judicial review — Applicant must show an arguable case; insufficient, inconsistent documentary evidence; section 42(2)(b) inapplicable where applicant was not arrested.
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18 January 2023 |
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Road obstruction by a driver caused the collision; the insurer was held liable and damages will be assessed.
Motor vehicle accident — Road obstruction as breach of duty — Foreseeability and causation — Insurer vicarious/liability for insured driver — Assessment of damages and costs.
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13 January 2023 |
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Court awarded K22,000,000 for fatal accident: K20M to estate, K2M to injured claimant; special damages denied.
Personal injury — Fatal road accident — Damages: loss of expectation of life; loss of dependency (calculated via minimum wage × 12 × remaining years); general damages for pain and suffering; special damages and disfigurement not proved; costs to claimants.
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5 January 2023 |
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Assessment of damages for a child’s death: loss of expectation of life, dependency and survivor’s pain and suffering.
Damages – wrongful death of a child – loss of expectation of life; loss of dependency – multiplier method using minimum wage and two‑thirds rule; general damages for pain and suffering; refusal to award unproven special damages; costs awarded to claimants.
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5 January 2023 |