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Lilongwe District Registry- Civil Division - 2022 October

2 judgments
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2 judgments
October 2022
Misheck v Attorney General (Civil Cause 587 of 2019) [2022] MWHCCiv 40 (25 October 2022)
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.
25 October 2022
Kawere a.k.a Skeva Phiri v Village Headman Guzani (Civil Cause 776 of 2012) [2022] MWHCCiv 44 (3 October 2022)
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.
3 October 2022