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High Court of Malawi Civil Division - 2024 November

5 judgments
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5 judgments
November 2024
Southern Bottlers v Maulisu (MSCA Civil Appeal 31 of 2016) [2024] MWHCCiv 26 (29 November 2024)
Appeal dismissed for inordinate delay and failure to prosecute; missing-file excuse was unsubstantiated hearsay.
  • Civil procedure — dismissal for want of prosecution — Order III r.9 (record of appeal) — Practice Direction No 1 of 2010 (skeleton arguments) — missing court file allegation — hearsay — failure to prosecute — costs.
29 November 2024
Masiyano v In The Matter of The Legal Education & Legal Practitioners Act (59 of 2024) [2024] MWHCCiv 17 (26 November 2024)
Assistant Registrar recused from processing an admission petition after finding the petitioner’s grades may not meet constitutional and regulatory minimum education standards.
  • Legal education — admission to practice — assessment and recognition of foreign law degrees — requirement that private and foreign qualifications meet standards not inferior to public universities — constitutional s.25(3)(b) and regulatory minimum standards — recusal where court officer forms prejudicial views.
26 November 2024
ETG Inputs LTD v Chirombo & Beleko (Cause Numbers 69 & 936 of 2024) [2024] MWHCCiv 16 (21 November 2024)
High Court set aside magistrate’s judgment for lack of jurisdiction and ordered respondents to repay sums obtained; costs ordered against respondents’ counsel.
  • Civil procedure — Jurisdiction of subordinate courts — Cause of action arising in another district — Proceedings and judgments without jurisdiction are null and void — High Court power to set aside subordinate court judgments — Third-party debt/attachment orders — Costs and remedies against counsel.
21 November 2024
Chitaya & 3 others v Chitaya & 5 others (Probate Cause 144 of 2007) [2024] MWHCCiv 21 (6 November 2024)
6 November 2024
Hathiramani, Hathiramani & Jal v The Attorney General (846 of 2010) [2024] MWHCCiv 19 (5 November 2024)
Court escalated the 1981 compensation for the applicant's compulsorily acquired land to MK20,000,000 and denied aggravated damages.
  • Land Acquisition Act (as in force at acquisition) — assessment of fair compensation — section 10 factors (consideration paid, improvements, appreciation) — valuation methodology and escalation of historic award — post-acquisition change of land use not to be used to increase historic compensation — aggravated/exemplary damages against State — requirements; loss-of-opportunity claim not entertained if unpleaded.
5 November 2024