Malawi Supreme Court of Appeal - 2017 March

2 judgments

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2 judgments
Citation
Judgment date
March 2017
Interlocutory injunction refused where statutory employment dismissal raised private law issues and damages were adequate.
Interlocutory injunctions — American Cyanamid principles — employment versus judicial review (Order 53) — statutory postholder dismissal — doctrine of necessity on bias — adequacy of damages; Electoral Commission Act s.12.
6 March 2017
Destruction and non-preservation of electoral materials by the Electoral Commission justified a re-run; appellant’s election invalidated.
Electoral law – preservation of electoral materials – s119 PPEA; Election petitions – standard of proof – satisfaction of the court; Destruction of ballot boxes – adverse inference where custodian fails to preserve evidence; Recount frustrated – re-run as appropriate remedy; Notification of interested candidates and procedural fairness.
6 March 2017