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52 judgments
April 2017
Ng'oma and 1 other v Mphande and 3 others (Civil Cause 75 of 2015) [2017] MWHCCiv 21 (4 April 2017)
A village headman cannot validly sell customary land; allocations contrary to customary tenure are void and subject to eviction.
  • Customary land — Communal tenure — Chiefs’ power to allocate use and occupation — Sale of customary land void — Lease founded on unlawful allocation void ab initio — Remedies: eviction, injunction, restitution, costs.
4 April 2017
July 2003
R v Msukwa (Confirmation Case 115 of 2000) [2003] MWHCCiv 1 (24 July 2003)
Mandatory section 254 breaches vitiate convictions; sentencing of first offenders requires recorded reasons under section 340.
  • Criminal procedure — Section 254 CP&EC (case to answer) mandatory — failure to find prima facie case vitiates conviction; Sentencing — section 340 CP&EC requires recorded reasons before custodial sentence for first offenders; Review/confirmation — High Court may quash convictions, order retrial, enhance or reduce sentences; Judgment requirements — courts must state points for determination, reasons, and assessment of evidence; Statutory maxima — sentences exceeding prescribed limits are unlawful.
24 July 2003