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High Court of Malawi Civil Division - 2024 January

2 judgments
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2 judgments
January 2024
DAPP Malawi v Tony Kabaghe and Others (IRC APPEAL NUMBER 22 OF 2022; Matter Number IRC 118 OF 2017 (Blantyre Registry)) [2024] MWHCCiv 27 (29 January 2024)
Section 73(2) mandates counsel only where the other party is, or is represented by, a legal practitioner.
  • Labour law — Industrial Relations Court — Legal representation — Section 73(2) mandatory where other party is or is represented by a legal practitioner
  • Statutory interpretation — Mandatory language "shall" — No judicial addition or discretionary gloss on clear statutory conditions
  • Civil procedure — Corporate parties and representation — Other statutes do not displace Labour Relations Act procedural scheme
29 January 2024
Kajao v Mwambucha and 2 Others (Civil Cause 73 of 2019) [2024] MWHCCiv 5 (17 January 2024)
Widow and children entitled to occupy customary land; Msudzulo cannot lawfully deprive them of inheritance or possession.
  • Customary law — Msudzulo ceremony — customary practice versus constitutional rights; Inheritance on customary land — Deceased Estates (Wills, Inheritance and Protection) Act — immediate family entitlement; Proof and admissibility — requirement of sworn verification for pleadings; Procedural dismissal of counterclaim.
17 January 2024