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High Court of Malawi Civil Division - 2025 May

3 judgments
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3 judgments
Citation
Judgment date
May 2025
Seyani v Council for the National Herbarium & Botanic Gardens of Malawi (Miscellaneous Application 21 of 2025) [2025] MWHCCiv 12 (28 May 2025)
Court exercised inherent jurisdiction to release a deteriorating vehicle from custody, imposing conditions to protect the applicant's claim.
Civil procedure — Inherent jurisdiction — Release of property in Court custody to prevent deterioration — Interim protective conditions to safeguard parties' substantive rights.
 28 May 2025
S (on application of Itaye & 15 others) v Office of the Ombudsman & Malawi Communications Regulatory Authority (Judicial Review Cause 23 of 2021) [2025] MWHCCiv 10 (22 May 2025)
The respondent's application for leave to appeal was denied because the High Court's review judgment remained inchoate pending assessment of terminal dues.
Administrative law — Appeals — Leave required for appeals from High Court judgments given on review under s123(2) of the Constitution and s21 of the Supreme Court of Appeal Act; inchoate judgments pending Registrar’s assessment; Ombudsman jurisdiction — anonymous complaints and locus standi; interpretation of constitutional provisions and binding precedent.
 22 May 2025
Chauwa & 2 others v Malawi Congress Party (Civil Cause 140 of 2024) [2025] MWHCCiv 11 (9 May 2025)
An expired, unrenewed summons served outside the three‑month period is ineffectual and justified striking out the claim.
Civil procedure — validity and service of summons — Order 7 rule 25 (3‑month rule) — Irregularity and cure — Order 2 rules — renewal of summons — strike out — notice of change of legal practitioners not served — interlocutory application falls away.
 9 May 2025