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Lilongwe District Registry - 2024

8 judgments
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8 judgments
October 2024
Meleka & Chaola v Safeguard Security Services, Crossroads Hotel (LL) & Damiano (132 of 2023) [2024] MWHCCiv 14 (31 October 2024)
Summary judgment refused because disputed facts and legal issues exist on premises owner status and dog-handler negligence.
  • Civil procedure — Summary judgment — Order 12 CPR — Realistic vs fanciful prospects; Premises liability — vicarious/statutory owner under Control and Diseases of Animals Act; Negligence of dog handler — triable issue; Failure to plead/support failure-to-warn allegation; Judgment on admission — requirements for written admissions.
31 October 2024
Chitenthe Kachali & Ors. v the Attorney General (Inspector General of Police) (Civil Cause 598 of 2018) [2024] MWHCCiv 28 (30 October 2024)
30 October 2024
Kanjere v Patel & Chizizi (37 of 2023) [2024] MWHCCiv 15 (11 October 2024)
A summons signed by a firm rather than a named legal practitioner is a nullity and must be struck out.
  • Civil procedure — signature requirements for originating processes — Order 5 r3 & Order 7 r1(h) CPR; Legal Education and Legal Practitioners Act — definition of 'legal practitioner' as natural person on the Roll; firm name not a legal practitioner; originating process signed by firm is nullity and incurable.
11 October 2024
August 2024
Banda v Malawi Congress Party (Civil Case 86 of 2024) [2024] MWHCCiv 6 (6 August 2024)
Court set aside party executive’s candidate‑eligibility rules as ultra vires and violative of members’ constitutional political rights.
  • Constitutional and party law — justiciability of intra‑party disputes — locus standi of party member — ultra vires acts by party executive — limitation of members’ political rights — Section 40 Constitution — Political Parties Act compliance.
6 August 2024
July 2024
Chigoneka v The Attorney General & PEP Malawi Limited (Civil Cause 74 of 2018) [2024] MWHCCiv 11 (16 July 2024)
Applicant proved false imprisonment and defamation by the retailer and assault by police, entitling her to damages.
  • False imprisonment; assault and battery; defamation; shop detention; police misconduct; damages; civil burden and balance of probabilities.
16 July 2024
April 2024
Ngwira v Ngwira & Chiumia (Miscellaneous Civil Case 36 of 2018) [2024] MWHCCiv 22 (24 April 2024)
Whether claimant proved title to the plot and whether the purchaser was a bona fide purchaser without notice.
  • Property law — proof of title: municipal offer/receipt and council confirmation as evidence; nemo dat principle; bona fide purchaser for value without notice — duty of due diligence and requirements; authentication of registry extracts and secondary documents.
24 April 2024
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
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