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Malawi Supreme Court of Appeal - 2017 March

2 judgments
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2 judgments
March 2017
Namasasu v Msungama and Another (Civil Appeal 8 of 2016) [2017] MWSC 23 (6 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
Namasasu v Nsungama and 1 other (Civil Appeal Cause 8 of 2016) [2017] MWSC 18 (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