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High Court of Malawi Civil Division - 2023 July

4 judgments
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4 judgments
Citation
Judgment date
July 2023
Mkandawire v Matete (Civil Cause 136 of 2017) [2023] MWHCCiv 30 (14 July 2023)
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.
 14 July 2023
Maigwa v The registered Trustees of Tama Farmers Trust and 2 others (Civil Cause 79 of 2023) [2023] MWHCCiv 20 (10 July 2023)
10 July 2023
John and Another v Attorney General (Personal Injury Cause 228 of 2022) [2023] MWHCCiv 25 (4 July 2023)
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.
 4 July 2023
S v Minister of Homeland Security & Chief Immigration Officer (Ex Parte Joseph Nsabimana) (33 of 2023) [2023] MWHCCiv 42 (4 July 2023)
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.
 4 July 2023