Results.
15 judgments found.
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| 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |