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Malawi Supreme Court of Appeal - 2015 May

2 judgments
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2 judgments
May 2015
Mbale v Maganga (Misc. Civil Appeal 21 of 2013) [2015] MWSC 1 (31 May 2015)
Commercial Division lacked jurisdiction; Limitation Act is a defence only; respondent failed to prove adverse possession.
  • Civil Procedure
    • — Jurisdiction — Competence of Commercial Division to hear non‑commercial land disputes — Order 1 r.4(2) High Court (Commercial Division) Rules — s.108 Constitution
    • — Originating Summons — Unsuitable where there are substantial disputes of fact; parties should be ordered to proceed by writ
  • Property Law — Adverse Possession — Whether an encroacher may sue to acquire title under Limitation Act — Limitation Act s.6; established requirement of factual possession and animus possidendi
31 May 2015
Taipi v R (Criminal Appeal 9 of 2014) [2015] MWSC 474 (18 May 2015)
Statutory pre-trial detention limits do not strip courts of constitutional discretion to refuse bail in the interests of justice.
  • Constitutional supremacy — pre-trial custody time limits (Sections 161G & 161I C.P. & E.C.) do not displace Section 42(2)(e) 'interests of justice' bail discretion; post-expiry bail applications remain discretionary; prior escape and lengthy evasion justify refusal as flight risk; State negligence in prosecuting may trigger conditional release.
18 May 2015