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Lilongwe District Registry- Civil Division - 2024 March

2 judgments
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2 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
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