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High Court of Malawi Civil Division - 2024 October

7 judgments
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7 judgments
October 2024
Meleka & Chaola v Safeguard Security Services, Crossroads Hotel (LL) & Damiano (132 of 2023) [2024] MWHCCiv 14 (31 October 2024)
Summary judgment refused because disputed facts and legal issues exist on premises owner status and dog-handler negligence.
  • Civil procedure — Summary judgment — Order 12 CPR — Realistic vs fanciful prospects; Premises liability — vicarious/statutory owner under Control and Diseases of Animals Act; Negligence of dog handler — triable issue; Failure to plead/support failure-to-warn allegation; Judgment on admission — requirements for written admissions.
31 October 2024
Chitenthe Kachali & Ors. v the Attorney General (Inspector General of Police) (Civil Cause 598 of 2018) [2024] MWHCCiv 28 (30 October 2024)
30 October 2024
Telecom Networks Malawi Plc v Chidzanja & 46 Others (MSCA Miscellaneous Civil Application 31 of 2024) [2024] MWHCCiv 25 (30 October 2024)
Court continued stay of execution pending appeal, dismissed disclosure application as otiose, and ordered parties to agree arrangements within 28 days.
  • Civil procedure — stay of execution pending appeal — discretion guided by interests of justice; disclosure/production of financial documents — otiose and irrelevant where stay already granted; interlocutory directions to agree arrangements.
30 October 2024
M'bwana & Chingomanje v The District Commissioner of Salima & Persons Unknown (Being Land Cause No. 100 of 2024 and Judicial Review No. 26 of 2024) [2024] MWHCCiv 12 (27 October 2024)
Registrar rejected duplicate originating proceedings as an abuse of process and improper filing at the wrong registry.
  • Registrar's power to reject documents — abuse of court process by duplicative filings (summons and judicial review) — improper forum/registry — Order 5 rules 10–13; Order 6 r9; Courts Act s3 and s6A(2).
27 October 2024
Chipwaila & 4 others v Malawi Electoral Commission & Attorney General (National Registration Bureau) (Civil Cause 130 of 2024) [2024] MWHCCiv 10 (25 October 2024)
Whether requiring NRB-issued registration as proof for voter registration unlawfully restricts the applicant's right to vote.
  • Electoral law — Voter registration — Proof of eligibility — Section 12 Elections Act requiring NRB registration as proof — Franchise under section 77 Constitution — Interlocutory injunction — Separation of powers.
25 October 2024
Anchor Industries Ltd v Curtis (Miscellaneous Civil Cause No. 92 of 2022 (Being IRC Matter No. 463 of 2017)) [2024] MWHCCiv 20 (11 October 2024)
An appeal can be struck out for inordinate delay where the appellant fails to ensure timely preparation of the record of appeal.
  • Civil procedure — Appeal — Want of prosecution — Delay in preparation of record of appeal — Duties of appellant and court under procedural rules — Inherent jurisdiction to strike out appeal — Suspension of enforcement vacated — Costs under s72 Labour Relations Act
11 October 2024
Kanjere v Patel & Chizizi (37 of 2023) [2024] MWHCCiv 15 (11 October 2024)
A summons signed by a firm rather than a named legal practitioner is a nullity and must be struck out.
  • Civil procedure — signature requirements for originating processes — Order 5 r3 & Order 7 r1(h) CPR; Legal Education and Legal Practitioners Act — definition of 'legal practitioner' as natural person on the Roll; firm name not a legal practitioner; originating process signed by firm is nullity and incurable.
11 October 2024