Skip to document content Skip to main menu Skip to search

High Court of Malawi Civil Division - 2024 March

3 judgments
Advanced search
Skip past Court registries
Skip past years
Skip past months
Filters
Skip to results
3 judgments
March 2024
S v Mphwiyo (Criminal Case 35 of 2014) [2024] MWHCCiv 2 (28 March 2024)
Court revoked bail and ordered forfeiture of cash bond and a bonded residential house after respondent absconded.
  • Criminal procedure — Forfeiture of bonded money or property under section 121(2) — Absconding depositor — Identification of third‑party/matrimonial rights — Registered ownership as basis for forfeiture.
28 March 2024
Kalua and 11 others v Attorney General (Civil Cause 16 of 2023) [2024] MWHCCiv 3 (25 March 2024)
Default judgment refused where claimants failed to prove they were police officers, did not comply with statutory pre-action notice, nor exhaust internal Police Service remedies.
  • Civil procedure — Default judgment — Order 12 rules 6–8 — Evidential sufficiency in ex parte default applications; Government suits — statutory pre-action notice to Attorney General (Civil Procedure (Suits by/against Government) Act s.4; Order 8 r.19); Administrative remedies — Police Service Commission under Police Act; judicial discretion on default judgment and costs.
25 March 2024
Yotamu v Mzuzu City Council (Commercial Case 160 of 2018) [2024] MWHCCiv 1 (6 March 2024)
A statutory corporation/local council is not automatically exempt from enforcement under Order 34 rule 4 absent express statutory coverage.
  • Civil procedure — Order 34 r.4 CPR 2017 — exemption from enforcement; Suits by or against the Government — Civil Procedure (Suits by or against the Government or Public Officers) Act; General Interpretation Act — definition of Government; Statutory corporations and Crown immunities; Third-party debt order — stay application dismissed.
6 March 2024