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Citation
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Judgment date
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| November 2024 |
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High Court set aside magistrate’s judgment for lack of jurisdiction and ordered respondents to repay sums obtained; costs ordered against respondents’ counsel.
Civil procedure – Jurisdiction of subordinate courts – Cause of action arising in another district – Proceedings and judgments without jurisdiction are null and void – High Court power to set aside subordinate court judgments – Third-party debt/attachment orders – Costs and remedies against counsel.
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21 November 2024 |
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6 November 2024 |
| September 2024 |
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Applicant granted leave to appeal out of time; time enlarged seven days; no order for costs.
Civil procedure – leave to appeal out of time – enlargement of time – requirement of good and substantial reasons – prima facie merits of proposed grounds – undue delay.
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30 September 2024 |
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Applicant granted seven-day enlargement and leave to appeal out of time after showing good and substantial reasons and prima facie merit.
Civil procedure – enlargement of time for appeal – leave to appeal out of time – requirement of good and substantial reasons – prima facie merits of proposed grounds – undue delay – discretionary relief (NBS Bank Ltd v R.J. Hamdani)
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30 September 2024 |
| March 2024 |
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Default judgment refused where claimants failed to prove they were police officers, did not comply with statutory pre-action notice, nor exhaust internal Police Service remedies.
Civil procedure – Default judgment – Order 12 rules 6–8 – Evidential sufficiency in ex parte default applications; Government suits – statutory pre-action notice to Attorney General (Civil Procedure (Suits by/against Government) Act s.4; Order 8 r.19); Administrative remedies – Police Service Commission under Police Act; judicial discretion on default judgment and costs.
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25 March 2024 |
| October 2023 |
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Court refused oral amendment to cure a jurisdictional omission, dismissed the amendment application and awarded costs to the respondents.
Civil procedure — Interlocutory applications — Oral applications permitted under Order 10 rule 2(2) — Amendment of applications — Jurisdictional provision (section 23 Courts Act) omitted — Court will not permit amendment that effectively overturns prior ruling — Costs awarded — Leave to appeal refused.
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27 October 2023 |
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Court refused dismissal for want of prosecution and ordered defendant’s lawyers to pay the applicant’s costs personally.
Civil procedure — dismissal for want of prosecution (Order 12 r54) — burden of proof — admissible court file evidence — scheduling conference documents — costs — personal liability of legal practitioners.
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24 October 2023 |
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Wrong procedural regime and incurable procedural irregularities led to dismissal of the plaintiff’s action; leave to appeal granted.
Civil procedure – transitional application of rules – 2017 Civil Procedure Rules do not apply to actions commenced before 3 October 2017; Rules of the Supreme Court govern. Procedural irregularity – incurable hybrid use of rules, failure to follow mandatory mediation, improper addition of party – grounds for dismissal. Application to dismiss for want of prosecution must be brought under applicable rules
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18 October 2023 |
| August 2023 |
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Whether default judgment and order for allocation of alternative land are proper despite defective process and Government's failure to defend.
Default judgment against Government; valid service on Attorney General; procedural irregularities not fatal; court can order allocation of alternative land; public interest in protecting educational facilities; compensation governed by Lands Acquisition and Compensation Act.
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30 August 2023 |
| July 2023 |
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Offer of lease alone is insufficient for ownership; procedural revocation failure by land authority gives rise to damages against the State.
Land law – offer of lease vs. registered title; Registered Land Act – requirement of registration for leasehold rights; Possession and trespass – possession indicators vs. lawful authority to enter; Town and Country Planning Act – revocation procedure, notice and compensation; Civil procedure – originating summons responses must be by affidavit; State liability for administrative procedural failure.
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14 July 2023 |
| June 2023 |
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High Court lacks first-instance jurisdiction over customary land disputes; interlocutory injunction and claim dismissed, no costs, leave to appeal refused.
Customary land — Appellate jurisdiction of High Court under s49 Customary Land Act and Reg 76 — First-instance customary land disputes to customary tribunals — Interlocutory injunction inappropriate in wrong forum — Legal Aid: no costs against legally-aided person — Leave to appeal refused.
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26 June 2023 |
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Default judgment refused due to incurable procedural defects and lack of jurisdiction in a customary land dispute.
Civil procedure – Default judgment – Proof of service and supporting sworn statements – Procedural irregularities (undated/unsigned summons) – Jurisdiction – Customary land disputes and the Customary Land Act 2016 – Effect of subordinate court orders and parties – Costs discretion.
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15 June 2023 |
| May 2023 |
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Applications for stay and enlargement of time dismissed as premature and incompetent for lack of jurisdiction; costs awarded to respondent.
Civil procedure — stay of execution — Applicant must first apply to court below (Order I r.18); stay exceptional and discretionary; Enlargement of time — where order made in chambers leave to appeal required (s.21 SCA Act); Appeals premature before assessment of damages — inchoate judgment; Wrong procedural provision renders application incompetent.
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19 May 2023 |
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Absence from mediation requires sworn proof of good cause; court adjourned proceeding but ordered defendants to pay attendance costs.
Civil procedure – mediation – defendant's failure to attend – need for sworn evidence to establish good cause – adjournment versus striking out – costs for claimant's attendance.
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5 May 2023 |
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Default-judgment application dismissed where land dispute raised deceased-estate issues and procedural proof and identity requirements were unmet.
Default judgment; Order 12 (2017 Rules) — requirements for applications for recovery/possession of customary land; jurisdictional limits where deceased estate/inheritance issues arise; proof of service and identity; requirement to serve personal representative; role of Customary Land Act dispute mechanisms.
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4 May 2023 |
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Whether an insurer is liable where the policyholder sold the insured vehicle to the tortfeasor before the accident.
Motor vehicle accident — Admission of liability by tortfeasor — Insurer liability — Effect of insured’s sale of vehicle on policy coverage — Issue referred for trial.
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2 May 2023 |
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Relying on errors in the cause list does not justify failing to attend a court-ordered mediation without a reasonable explanation.
Civil procedure — Mediation — Formal notice (Form 14) versus cause list — Failure to attend mediation — Restoration of dismissed action — Requirement of reasonable explanation.
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2 May 2023 |
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2 May 2023 |
| March 2023 |
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Court corrected procedural error by granting an enforcement hearing order and requiring direct service on the enforcement debtor before the hearing.
Civil procedure – Enforcement hearing order under Order 28 r.5 – Distinction between enforcement hearing order and notice of examination of judgment debtor – Service requirements where debtor or independent witness absent (seven days) – Power to grant enforcement hearing order despite procedural error.
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27 March 2023 |
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A restoration application in Chambers succeeds if a party reasonably explains absence, acts promptly, and shows arguable prospects of success.
Civil procedure — Restoration of proceedings heard in Chambers — Inherent jurisdiction and Orders 1 r.5, 10 r.5 — Requirements: reasonable explanation for absence, promptness, reasonable prospect of success — Prejudice to be considered — Service and chamber practice.
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27 March 2023 |
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Permission granted to judicially review university admission decision; preliminary objection on defendant and service dismissed.
Administrative law — Judicial review; procedural fairness and legitimate expectation in university admissions; delegated authority of selection committees under the University of Malawi Act; service of process and proper defendant in judicial review proceedings; interim relief considerations.
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10 March 2023 |
| 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 |
| 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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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 |
| 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 |
| 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 |
| 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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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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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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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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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 |
| March 2022 |
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Court imposed interim weekend visitation, holiday residence with father, mutual notification, and conduct restrictions pending appeal.
Family law — Interim custody and contact — Visitation on weekends during term; children to reside with father during holidays; mutual notification and prohibition on making children perform tasks in other parent's home; access to grandparent pending appeal.
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11 March 2022 |
| February 2022 |
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Applicant granted interlocutory injunction restraining respondents from trespass and interference with land; costs awarded pending trial.
Interlocutory injunction – trespass – protection of possession and peaceful enjoyment of property – status quo pending trial – demonstrations and Police Act procedures – procedural irregularity in party naming – costs awarded on indemnity if not agreed.
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23 February 2022 |
| January 2022 |
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Claimant awarded K1,750,000 for pain and suffering for superficial wounds; no special damages proved.
Personal injury — Assessment of damages — Medical evidence establishes only superficial wounds — Special damages must be specifically pleaded and proved — Award for pain and suffering K1,750,000; no award for special damages, loss of amenities or disfigurement.
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13 January 2022 |
| April 2021 |
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30 April 2021 |
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Application for judicial review and interim release of seized tippers dismissed for lack of admissible evidence and arguable case.
Judicial review – interlocutory injunction – seizure of vehicles under Forestry Act; proof and admissibility of documentary evidence; requirement for seizure certificate; enforcement against unlicensed quarrying; procedural adequacy of affidavits.
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21 April 2021 |
| September 2020 |
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Claimant failed to prove driver’s negligence or resulting damages; documentary and witness evidence not tendered, each party to bear own costs.
Negligence — burden of proof on claimant — requirement to prove duty, breach and causation — pedestrian also owes duty of care — failure to tender documentary evidence and call witnesses fatal to claim — res ipsa loquitur not invoked or pleaded — insurer liability fails if primary claim not proved.
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24 September 2020 |
| March 2020 |
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Misheading of a notice of appeal is curable; the Labour Relations Act’s 30-day appeal period to the Industrial Relations Court prevails over the Subordinate Courts Rules.
Civil procedure – appeals from Industrial Relations Court – validity of notice of appeal – defective heading – curable error; Time limits for filing notice of appeal – specific statutory provision (Labour Relations Act s65(2), 30 days) prevails over general Subordinate Courts Rules (Order 33, 14 days); Form requirements – purpose and curing of clerical defects; Preliminary objections – when to be upheld.
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11 March 2020 |
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Whether a judgment made in chambers required leave to appeal and whether a stay order effectively granted that leave.
Civil procedure — Appeal from judgment made in chambers — Requirement for leave under Supreme Court of Appeal Act — Validity of notice of appeal filed before grant of leave — Effect of stay order as de facto grant of leave; Order III r3(2); s23 SCA Act; procedural time limits.
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5 March 2020 |
| January 2020 |
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Court stayed execution after Registrar prematurely issued and executed a warrant; directed review by Deputy Chairperson.
Civil procedure — Stay of execution — Industrial Relations Court — Registrar's powers under Rule 5A — Review by Chairperson/Deputy Chairperson — Interpretation of "reasonable time" in assessment orders — Premature issuance and execution of warrant — Allegations of Registrar misconduct.
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29 January 2020 |
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Declaration of lawful ownership of public land allocated by the Commissioner; sale to purchaser void; brief trespass no damages.
Land law – declaration of planning area converts customary land to public land under Town and Country Planning and Land Acts – allocation and administration by Commissioner for Lands – occupiers cultivating public land possess no transferable title; sale by occupier void
Tort – trespass by brief wrongful occupation; limited period may not attract damages. Constitutional property rights – declaratory relief available; no separate damages where trespass too brief and hearing inadequate
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7 January 2020 |
| September 2019 |
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Petition alleging result-sheet alterations, barred monitors and unsealed ballot box failed for lack of sufficient evidence.
Electoral law — election petition under s.100 PPEA — proper mode of commencement; burden and variable standard of proof in election petitions; admissibility and weight of polling-station result sheets (MEC.POLL 066b) and record log books; recount/scrutiny and effect of unsealed ballot box; requirement for written complaints at polling stations (s.89).
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16 September 2019 |
| July 2019 |
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Applicant failed to prove accreditation, labelling, or counting irregularities affected the election result on a balance of probabilities.
Electoral law – monitors’ accreditation and identity documents – polling-station procedure – stream labelling and alleged campaigning – ballot display and counting procedure – requirement to make written complaints – burden of proof on balance of probabilities.
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7 July 2019 |
| June 2019 |
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A petition filed after the seven-day period under section 100 was held time-barred and dismissed; local government claims belong under the Local Government Elections Act.
Election law – limitation period for election petitions – s100 Parliamentary and Presidential Elections Act is mandatory and not extendable by court; s114 appeals require reasonable time though no statutory limit; local government election petitions governed by Local Government Elections Act.
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27 June 2019 |
| June 2018 |
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Whether the respondent unlawfully reallocated leased land without hearing or complying with constitutional expropriation procedures.
Judicial review — public authority as proper respondent — natural justice — right to be heard — land reallocation and expropriation — compliance with section 44(3) Constitution — right to property (section 28) — Wednesbury unreasonableness.
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28 June 2018 |
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The Regional Commissioner unlawfully reallocated leased land without affording the applicant a hearing or complying with section 44(3) of the Constitution.
Administrative law – Judicial review – Natural justice – Right to be heard – Reallocation/re‑entry onto leased land – Expropriation under section 44(3) of the Constitution – Procedural fairness and Wednesbury unreasonableness – Proper respondent in judicial review of public authority action.
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28 June 2018 |
| January 2018 |
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Plaintiffs entitled to general damages for slander; exemplary damages refused for lack of malice or profit motive.
Defamation (slander) – assessment of damages – general (compensatory) damages awarded for reputational injury; no special damages proved – exemplary damages inappropriate where publication not shown to be profit-driven, malicious or recklessly false; vulgar insulting language may not constitute defamation against men.
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22 January 2018 |
| April 2017 |
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Court found the driver negligent and insurer directly liable under s65A, awarding damages and costs to the plaintiff.
Road traffic accident — Negligence (duty, breach, causation) — Police report as evidence — Insurer liability under s65A Road Traffic Act — Damages for loss of use, inconvenience and repairs — Costs.
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5 April 2017 |