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Mzuzu District Registry - 2018

3 judgments
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3 judgments
June 2018
S (on application of Registered Trustees of Christian Service Committee of the Churches in Malawi) v Regional Commissioner for Lands (North) (Judicial Review Cause 1 of 2018) [2018] MWHCCiv 42 (28 June 2018)
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.
28 June 2018
State( on the Application of Registered Trustees of Christian Service Committee of the Churches in Malawi) v Regional Commissioner of Lands (Judicial Review Cause 1 of 2018) [2018] MWHCCiv 45 (28 June 2018)
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.
28 June 2018
January 2018
Mwase and Another v Mwase and Another (Civil Cause 153 of 2017) [2018] MWHCCiv 43 (22 January 2018)
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.
22 January 2018