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High Court of Malawi Criminal Division - 2023 May

2 judgments
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2 judgments
May 2023
Chitimbe, Kangoma and kapwepwe (As Administrator of Kapwepwe) v Chalimba (Commercial Cause 23 of 2017) [2023] MWHCCrim 8 (12 May 2023)
The applicants impermissibly relitigated an arbitration award; the court dismissed the action and upheld the award's finality.
  • Arbitration Act s17 — finality of awards; s24 — limited grounds to set aside (misconduct/improper procurement); doctrine of functus officio; abuse of process where parties relitigate arbitration award instead of applying to set it aside; partnership disputes and accounting claims.
12 May 2023
R v Julio (Confirmation Case 545 of 2022) [2023] MWHCCrim 10 (5 May 2023)
A rest house is a "human dwelling"; conviction amended to burglary and theft and concurrent sentences confirmed.
  • Criminal law — Burglary — Distinction between "dwelling-house" and "human dwelling" — Rest house qualifies as human dwelling — Proper conviction is burglary where forcible entry into a rest house occurs.
5 May 2023