Results.
16 judgments found.
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| 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |