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Malawi Supreme Court of Appeal - 1999 February

3 judgments
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3 judgments
February 1999
R v Zgambo (11 of 1998) [1999] MWSC 5 (24 February 1999)
Bail for serious offences is discretionary; prosecution non-objection is not decisive and prolonged remand alone is not exceptional.
  • Criminal law — Bail — Constitutional right to bail not absolute — Serious offences (murder) require exceptional circumstances for bail — Prosecution's non-objection not dispositive — Committal to High Court a legitimate factor — Subsequent bail applications require material change.
24 February 1999
R v Zgambo (Misc. Criminal Appeal 11 of 1998) [1999] MWSC 98 (24 February 1999)
24 February 1999
Simiyoni v Kanyatula (Misc. Civil Appeal 38 of 1997) [1999] MWSC 1 (22 February 1999)
No binding sale existed; appellant awarded repayment of the redemption sum with 5% statutory interest, specific performance denied.
  • Contract law — agreement to agree; no binding sale where essential term (price) not agreed — Specific performance refused — equitable clean hands — restitution of redemption payment — statutory interest under s.65 Courts Act — contractual interest must be pleaded
22 February 1999