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Malawi Supreme Court of Appeal - 2010 January

3 judgments
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3 judgments
January 2010
Chidzankufa v Ned Bank Malawi Ltd (70 of 2009) [2010] MWSC 5 (19 January 2010)
Risk of irrevocable loss of sole residence justified a stay of execution pending appeal due to special circumstances.
  • Civil procedure — Stay of execution pending appeal — Special circumstances required — Risk of appeal being rendered nugatory — Specific performance and mortgage over sole residence — Backdated/onerous mortgage terms — Inhibition order — Costs in the cause
19 January 2010
R v Galeta & Anor. (33 of 2005) [2010] MWSC 9 (13 January 2010)
Unretracted caution statements and witness evidence sufficiently supported the jury's murder convictions; appeal dismissed.
  • Criminal law — murder — weight of evidence — jury verdict — unchallenged/retracted caution statements — accused's silence — appellate interference — sufficiency of evidence (Kafwambila principle).
13 January 2010
R v Mpasu (1 of 2009) [2010] MWSC 28 (13 January 2010)
Minister’s abuse of office conviction for bypassing procurement procedures upheld; finding of personal gain set aside and sentences reduced.
  • Criminal law — Abuse of office (s.95 Penal Code) — Minister as public officer — Procurement procedures — Letter of intent treated as binding — No evidence of personal gain — Sentencing: maximum penalty excessive, reduction of sentence.
13 January 2010