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Citation
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Judgment date
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| November 2022 |
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Claimant's failure to comply with Registrar's order led to automatic dismissal for want of prosecution; no costs awarded.
Civil procedure – want of prosecution – failure to comply with Registrar's directions – automatic dismissal for inexcusable delay – costs discretion.
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16 November 2022 |
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Application to vary preservation order for living and legal expenses dismissed for failure to prove need and inadequate disclosure.
Financial Crimes Act – preservation orders – variation for reasonable living and legal expenses – statutory criteria under ss.70–71 – disclosure on oath – admissibility and weight of FIA financial analysis and bank statements – balancing preservation against hardship.
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3 November 2022 |
| October 2022 |
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An oral stay of the recusal ruling was disallowed for procedural non-compliance, prematurity, lack of merits, and counsel misconduct.
Civil procedure – stay pending appeal – oral application – Order 10 r.9 CPR; Inherent jurisdiction – limited role where statute governs; Leave to appeal required for judgments in chambers (s.21 SCA Act); Duty of candour – counsel misconduct; Costs awarded.
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31 October 2022 |
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A dependant suing (not as executor) is limited to Part I damages; court uses minimum-wage multiplicand and Treasury Note discount rates.
Statute Law (Miscellaneous Provisions) Act – Part I survival actions – loss of dependency; claimant not executor limited to Part I remedies; assessment of dependency damages — multiplicand from minimum wage where earnings unproved; split pre-trial/post-trial losses; use of Malawi Treasury Note yields as discount rate.
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31 October 2022 |
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Judicial review permission denied where statutory appeal to the Police Service Commission remained unexhausted; demotions upheld for now.
Administrative law – judicial review – permission stage – requirement to exhaust statutory alternative remedies (appeal to Police Service Commission) – timeliness within three months – proper naming of statutory disciplinary bodies – demotion as review decision by National Police Disciplinary Committee.
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28 October 2022 |
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A properly executed release discharges further claims and estops the releasor unless set aside for fraud or misrepresentation.
Civil procedure – Release and Discharge Agreement – Binding effect of a properly executed release – Estoppel by release – Relief to set aside a release requires strong evidence of fraud, misrepresentation or mutual mistake; illiteracy or private negotiations without counsel insufficient without clear proof.
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25 October 2022 |
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High Court claim dismissed as abuse of process where identical Magistrate’s Court proceedings and consent order existed.
Civil procedure – abuse of process – multiplicity of proceedings – res judicata – consent order effect – inherent power to dismiss frivolous or vexatious actions – motor vehicle personal injury claim.
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4 October 2022 |
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Applicant's revision for failure to admit a written contract dismissed; remedy available by appeal; record remitted.
Civil procedure — Supervisory and revisionary jurisdiction (s26 Courts Act) — Duty of trial courts to guide unrepresented parties on adducing documentary evidence — Review barred where appeal lies and was not pursued (s27 Courts Act) — High Court's power on appeal to call additional evidence (s22(d)).
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4 October 2022 |
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Oral recusal application lacking legal basis, service, sworn evidence, and cogent proof of bias was dismissed with costs.
Recusal — Judicial impartiality — Appearance of bias assessed by the fair‑minded, informed observer test — Requirement of cogent evidence — Procedural compliance under CPR (Order 10) essential for interlocutory applications — Dismissal in limine for procedural defects.
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3 October 2022 |
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The claimant failed to prove a grant from the prior owner; claim for possession dismissed for insufficient evidence.
Property — proof of grant — documentary and oral contradictions; evidentiary weight of survey plans; burden and standard of proof in civil land disputes; failure to produce original documents and corroborating witnesses; claim for summary possession dismissed.
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3 October 2022 |
| September 2022 |
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Employer liable for false imprisonment and malicious prosecution; defamation unproven and counterclaim dismissed.
False imprisonment – employer-instigated arrest – procurement of police arrest by company officers; Malicious prosecution – absence of reasonable and probable cause; Defamation – need to plead and exhibit defamatory words/publication; Employer counterclaim – burden to prove employee’s liability for missing stock and cash; Police discretion vs. procuring arrest by private party.
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16 September 2022 |
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Police arrested and prosecuted the claimant on their own investigations; the defendant merely reported the fraud and is not liable for false imprisonment or malicious prosecution.
Tort — False imprisonment; malicious prosecution; distinction between making a charge and giving information to Police; civil liability where private party procures arrest — evidence required to show arrest was at party’s instance.
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16 September 2022 |
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Workplace fall caused by claimant’s failure to take reasonable care; employer not liable under statutory or common‑law duties.
Occupational Safety, Health and Welfare Act s.13 employer duty; s.18(a) employee duty to take reasonable care; negligence — employer v employee liability; res ipsa loquitur inapplicable where cause known; amendment of pleadings post‑closure permissible if no uncompensable prejudice.
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16 September 2022 |
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Court declined to stop defendants' existing use of disputed estate land but barred further development pending final determination.
Interim injunctions — serious question to be tried — adequacy of damages — balance of convenience — preservation of status quo in land disputes arising from deceased estates.
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13 September 2022 |
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Contested disputes over entitlement to deceased estate assets require a full trial, not determination on affidavits.
Probate — Distribution of deceased estate — Contentious factual disputes — Affidavits insufficient — Referral to trial — Exemption from mediation — Alleged matrimonial property, land and maize mill disputes.
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13 September 2022 |
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Employer liable for security guard's injuries due to unsafe system of work and inadequate training/equipment.
Employer's duty of care – safe system of work – inadequate training and equipment – abandonment during operation – employer liable for injuries – damages to be assessed.
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13 September 2022 |
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Whether a certificate of non‑compliance obtained without proper procedural application should be set aside and injunction reviewed.
Civil procedure – interim injunction – requirement to file notice to continue – certificate of non-compliance – procedural prerequisites for obtaining certificate – setting aside certificate – further hearing to determine continuation or discharge of injunction.
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4 September 2022 |
| August 2022 |
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Employer exposed trained operator to a faulty, unsafe machine; claimant’s injury caused by employer’s failure to ensure safe workplace.
Occupational safety – employer’s duty to provide safe machinery and protective equipment – machine with faulty sensor and repeated repairs – employer exposure of employee to unsafe working environment – causation and negligence.
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29 August 2022 |
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An application to vary a restriction notice was moot after expiry; court refused to grant unpleaded mandatory/declaratory relief.
Corrupt Practices Act s23(1),(3) – Restriction notices – Mootness/overtaken-by-events – Variation of restriction notice – Mandatory/declaratory relief not pleaded – Limits on court making relief beyond the application.
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26 August 2022 |
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Renewal of restriction notice upheld: "show cause" requires cogent reasons, not prima facie proof.
Corrupt Practices Act s.23(3) – renewal of restriction notice – meaning of "show cause" – standard: cogent reasons/sufficient information to justify reasonable belief rather than prima facie proof – mootness of appeals – allegations of judicial bias require concrete evidence.
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16 August 2022 |
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Claimants failed to prove negligence, statutory breach, nuisance or trespass from quarry blasting; suit dismissed with costs.
Quarrying and blasting — negligence — causation and proof — expert measurement of blast frequency, attenuation and charge — nuisance and trespass — materiality and continuity of interference — statutory duty (Explosives Act; Occupational Safety, Health and Welfare Act) — Rylands v
Fletcher — burden and standard of proof in civil cases
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15 August 2022 |
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Claimants failed to prove quarry blasting caused actionable negligence, statutory breaches, nuisance or trespass; claim dismissed with costs.
Tort — negligence — causation and remoteness in blasting cases; nuisance and trespass — requirement of materially excessive or continuous interference; statutory duty under Occupational Safety, Health and Welfare Act and Explosives Act — proof required; Rylands v. Fletcher and res ipsa loquitur — prerequisites and pleading; evidentiary need for blast measurements (frequency, PPV, attenuation)
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15 August 2022 |
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Ex parte judicial-review permission and stay discharged where claimants lacked standing due to material non-disclosure.
Judicial review — permission and interim relief — inherent jurisdiction to vacate ex parte orders; Locus standi — sufficient interest; Material non-disclosure — duty of full and frank disclosure in ex parte applications; Refugee law — status determination and effect of Ministerial rejection; Administrative procedure — phased execution of relocation notice (rural then urban); Costs — awarded where claimants improperly obtained interim relief.
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12 August 2022 |
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Court refused to enhance three-year sentence for unlawful wounding of spouse, finding injury medically superficial and not grievous.
Criminal law – Unlawful wounding – Sentencing – Domestic violence – Whether wound amounts to grievous harm or attempted murder – Sentencing guidelines and assessment of injury severity – Youth and first offender mitigation.
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4 August 2022 |
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Assessment of damages for fatal school accident: loss of expectation of life and dependency awarded, using minimum wage multiplicand.
Negligence — assessment of damages — fatal school accident; loss of expectation of life; loss of dependency; multiplicand and multiplier; use of minimum wage as multiplicand; one-third deduction; party-and-party costs.
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4 August 2022 |
| July 2022 |
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Assessment awarded MK6.8m (plus MK3,000 police report), net MK4,762,100 after 70% defendant liability; medical report cost not proved.
Assessment of damages – non‑pecuniary losses (pain and suffering, loss of amenities, disfigurement) – use of comparable awards and currency adjustment – proof required for special damages – apportionment of liability applied – insurer's policy limit disregarded for lack of evidence.
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29 July 2022 |
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Leave denied: claimant’s judicial review was premature for failing to exhaust licence arbitration and internal remedies.
Administrative law — Judicial review — Leave required; alternative remedies/arbitration under licence; Communications Act s74 (tariff regulation) and clause 11.2 (prior approval) — Preliminary findings and procedural fairness — Ultra vires challenge to regulatory inquiry.
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25 July 2022 |
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Interlocutory injunction refused where procedural non‑compliance and a registered caution already prevent property disposition.
Civil procedure – Interlocutory injunction – Order 10 r.3 & r.8(1) compliance when applying before proceedings – Registered Land Act s.127(2) – Effect of registered caution preventing disposition – Balance of convenience.
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22 July 2022 |
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Assessment of personal injury damages reduced for evidentiary discrepancies and subject to agreed contributory negligence.
Assessment of damages — personal injury — pain and suffering, loss of amenities, disfigurement — reliance on comparable local awards — effect of contributory negligence and inconsistencies in pleadings/evidence on quantum.
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7 July 2022 |
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Unchallenged invoices proved special damages; court awarded hiring and repair costs after default judgment.
Assessment of damages — special damages — strict proof required — unchallenged invoices and quotations sufficient to establish quantum — award for hiring and repair costs following default judgment.
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7 July 2022 |
| June 2022 |
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Taxation on the standard basis; instruction fee partly allowed, brief fees disallowed, total taxed costs MK30,421,125.
Costs taxation – standard basis assessment – counsel hourly rate – instruction fee allowed; brief fees disallowed – reduction of excessive hours and disbursements – care and conduct uplift.
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29 June 2022 |
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Default judgment awarding declarations, injunction and damages for trespass on claimant's leased land; damages to be assessed by Registrar.
Property law – Trespass – Default judgment – Declaratory relief and permanent injunction – Damages to be assessed by Registrar to include inconvenience.
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28 June 2022 |
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24 June 2022 |
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Assessment of damages for asbestos exposure: non-pecuniary losses awarded; brain damage and loss of earning capacity not proved.
Personal injury — Asbestos exposure — Assessment of damages — Pain and suffering; loss of amenities; special damages proof; loss of earning capacity — Necessity of medical proof for brain damage and receipts for special expenses.
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24 June 2022 |
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Damages assessed after admitted liability; policy-limit evidence improper at assessment; awards based on minimum wage and multiplier.
Assessment of damages – procedure where parties fail to agree after mediation – inadmissibility of policy-limit evidence at damages assessment – representation and binding effect of admissions – computation method for loss of dependency using minimum wage and multiplier.
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24 June 2022 |
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Court awarded MK4,810,000 for proven injuries, rejecting unproven traumatic brain injury and unsubstantiated business income.
Road traffic accident — quantum of damages — pain and suffering, loss of amenities, disfigurement — loss of earnings and earning capacity — proof of traumatic brain injury and business income — reliance on comparable awards.
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23 June 2022 |
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Assessment of personal injury damages after default judgment: court awards MK12,000,000 for pain, disfigurement and 28% incapacity.
Personal injury — assessment of damages — pain and suffering, loss of amenities, disfigurement — permanent incapacitation assessed at 28% — use of comparable awards — default judgment — quantum and costs.
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23 June 2022 |
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The respondent’s five‑year sentence for defiling a 12‑year‑old was manifestly inadequate and increased to 14 years.
Criminal law – Defilement – Sentencing – Starting point of 14 years for victims at the lower end of age spectrum – Review standard for sentences: error in principle/manifestly inadequate or excessive – Aggravating factors: victim age (12), use of force and threats, significant age gap – Mitigation: youth and first offender status insufficient to justify leniency.
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23 June 2022 |
| May 2022 |
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A purportedly created village/headmanship must follow consultative procedure and cannot extinguish existing customary land rights.
Chiefs Act – creation and recognition of villages – necessity of consultation with District Commissioner and affected persons; Customary land – use and occupation rights protected; Village headmanship does not extinguish pre-existing land rights; Remedies for trespass require specific, case-by-case proceedings; Mediation exemption considered where dispute involves complex chieftaincy and land issues.
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30 May 2022 |
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The Minister acted without jurisdiction and denied the applicant procedural fairness; ministerial and MHC decisions were quashed.
Administrative law — ministerial ultra vires action — Statutory Bodies (Control of Contracts) Act inapplicable — procedural fairness and right to reasons under section 43 — decision quashed.
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26 May 2022 |
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Ministerial direction to revoke a lease was ultra vires and procedurally unfair; decision quashed.
Administrative law – Judicial review – Ultra vires ministerial intervention; Statutory Bodies (Control of Contracts) Act inapplicable to lease revocation – Right to lawful and procedurally fair administrative action; audi and reasons – Protection of property rights.
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26 May 2022 |
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Sale to the claimant, a foreign national, was void for non-compliance with Land Act; injunction and claims dismissed.
Land law – Sale of private land to non-citizen – Ministerial consent and newspaper publication requirements – Illegality and voidness of contract; interlocutory injunction – serious question to be tried; inadmissibility of irregular sworn statements; remedies for rectification of land register entries.
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24 May 2022 |
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Two applicants awarded MK5,020,000 each for personal injuries; first applicant's claim unsupported for lack of evidence.
Personal injury — assessment of damages — general damages for pain and suffering, loss of amenities and disfigurement — evidentiary sufficiency for claims — refusal to award loss of vehicle without proof of amount.
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18 May 2022 |
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Abuse of public office and armed intimidation in a traffic dispute justified aggravated and exemplary awards for assault and false imprisonment.
Tort — assault and false imprisonment; assessment of damages; aggravated and exemplary (punitive) damages; abuse of public office by security officer; use of firearm as aggravating factor; mitigation for claimant’s conduct.
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10 May 2022 |
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A presidential security officer’s abusive conduct warranted compensatory, aggravated and exemplary damages totaling MK10,000,000.
Tort — assault and false imprisonment; assessment of damages; aggravated and exemplary/punitive damages; abuse of public office by security officer; mitigation; combined‑issue approach to quantum.
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10 May 2022 |
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Application to restore stay and preserve property pending appeal dismissed for lack of prospects and misconceived interpleader.
Civil procedure – preservation of property and stay pending appeal – misused interpleader in matrimonial distribution – need to join third parties early – test for stay: special circumstances and prospects of success.
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6 May 2022 |
| April 2022 |
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DPP certificate transferring a commenced trial was quashed for lack of reasons and bad faith; matter remitted to subordinate court.
Prosecutorial discretion – section 289 CPEC – judicial review of DPP decisions – duty to give reasons when changing forum after trial commencement – certiorari – fair trial and judicial independence.
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22 April 2022 |
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Documents filed by an unlicensed practitioner are nullities; provisional injunction set aside as unjust and disruptive to church operations.
Legal practitioners — practising licence — validity of steps and documents prepared by an unlicensed practitioner — nullity of filings; Interlocutory injunction — Order 10 r.27 — serious question to be tried; adequacy of damages; balance of convenience; inherent jurisdiction; church funds and freedom of worship.
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21 April 2022 |
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Court corrected a clerical error in judgment date, extended time for damages assessment, and directed Registrar to proceed with specified timelines.
Civil procedure — correction of clerical error in judgment (Order 20 r11) — applicable procedural rules for proceedings commenced before 2017 Rules — extension of time for assessment of damages (Order 3 r5) — assessment procedure and particulars for special damages — costs and right of appeal.
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8 April 2022 |
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Court ordered university to process the applicant’s pending PhD results within 90 days for inordinate, unjustified delay.
Administrative law — University academic administration — Inordinate delay in processing postgraduate results — Procedural fairness and legitimate expectations; academic quality assurance; remedy by mandamus to process results within fixed time; costs awarded to successful applicant.
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5 April 2022 |