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Malawi Supreme Court of Appeal - 2004

5 judgments
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5 judgments
August 2004
Bwanali v Lilongwe City Assembly & Ors. (66 of 2007) [2004] MWSC 88 (23 August 2004)
Delay after an ex parte interim order and genuine disputes over title made mandatory interlocutory relief inappropriate.
  • Interlocutory injunctions — ex parte interim relief and subsequent delay — mandatory interlocutory injunctions exercised with caution — balance of convenience — competing title/regularization disputes — adequacy of damages.
23 August 2004
July 2004
Council for the University of Malawi v Mkandawire (MSCA Civil Appeal 38 of 2003) [2004] MWSC 6 (12 July 2004)
12 July 2004
May 2004
Malawi Electoral Commission & Ors. v Republican Party (MSCA Civil Appeal 14 of 2004) [2004] MWSC 2 (17 May 2004)
An electoral commission abdicated its constitutional duty by referring misuse-of-public-resources complaints instead of investigating them, while an unpleaded ballot-paper order was quashed.
  • Constitutional and electoral law — electoral commission’s duty to investigate complaints — misuse of public resources — limits of originating summons — reliefs must be pleaded — court’s practical competence to order custody of ballot papers
17 May 2004
April 2004
Civil Liberties Committee v Ministry of Justice & Anor. (MSCA Civil Appeal 12 of 1999) [2004] MWSC 1 (7 April 2004)
An NGO lacked locus standi; courts require a 'sufficient interest' for public-interest judicial review.
  • Constitutional law; locus standi—'sufficient interest' test; judicial review (Order 53 r.3(7)); limits on public-interest/NGO standing; interpretation of s.46(2) vis-à-vis ss.15 and 41(3)
7 April 2004
January 2004
Kamuzu (Administrator of Deceased Estate) v Attorney General (Civil Cause No. 1839(A) of 1997) [2004] MWSC 3 (10 January 2004)
Customary land rights are constitutionally protected; eviction requires statutory expropriation procedures and compensation; injunction granted.
  • Customary land — constitutional protection of property rights — expropriation requires public utility, notice and compensation — Land Act and Land Acquisition Act procedural compliance — Environment Management Act grants locus standi to 'any person' — injunction to prevent environmental degradation
10 January 2004