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Malawi Supreme Court of Appeal - 2019 July

5 judgments
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5 judgments
Citation
Judgment date
July 2019
S (ex parte Aero Plastic Industries Ltd) v Director of environmental affairs (MSCA Civil Appeal 19 of 2019) [2019] MWSC 13 (31 July 2019)
High Court lacked jurisdiction; Director immune absent bad faith; regulations and closure orders were lawful and reasonable.
Environmental law — Director’s statutory immunity; prerequisite to sue: proof of bad faith — Jurisdiction: requirement to exhaust Environmental Appeals Tribunal remedies before High Court judicial review — Subsidiary legislation reviewable for reasonableness (Kruse/Wednesbury) but courts defer to policy and local circumstances — International instruments (Basel, SADC) enable domestic regulation, do not impose specific micrometer standards.
 31 July 2019
Banda v Alliance One Tobacco (MSCA Civil Appeal 59 of 2016) [2019] MWSC 10 (19 July 2019)
Applicant failed to prove respondent liable for crop loss from experimental barn due to lack of evidence and agency link.
Contract farming – agronomy services – experimental tobacco barns – agency – vicarious liability – negligence – particulars of negligence – burden of proof – causation – quantum of loss.
 19 July 2019
Village Headman Nasosa and his subjects v Village Headman Mphandauyo II (on his behalf and on behalf of his subjects) (MSCA Civil Appeal 58 of 2008) [2019] MWSC 18 (17 July 2019)
High Court lacked jurisdiction after an Ombudsman determination; the correct remedy was review under section 123(2), so appeal dismissed.
Administrative law — Ombudsman determinations — compliance or judicial review under section 123(2) of the Constitution — jurisdiction of High Court — forum-shopping and nullity of proceedings where review remedy available.
 17 July 2019
Village Headman Nasos & His subject v Village Headman Mphandauyo II (Suing on his own behalf and on behalf of his subjects) (Civil Case 586 of 2008; MSCA Civil Appeal 58 of 2015) [2019] MWSC 12 (17 July 2019)
High Court lacked jurisdiction over a dispute already determined by the Ombudsman; review under the Constitution was the proper remedy.
Administrative law — Ombudsman determinations — must be complied with or reviewed under Constitution s123(2); forum shopping prohibited; High Court lacked jurisdiction; proceedings nullity.
 17 July 2019
Abdulah and Another v R (MSCA Criminal Appeal Case 18 of 2018) [2019] MWSC 22 (10 July 2019)
High Court may vary Supreme Court bail conditions for good cause, but Hajj travel denied due to flight risk.
Bail – Variation of conditions – High Court’s power to vary bail conditions granted by superior court – Flight risk – Travel for religious pilgrimage (Hajj) refused.
 10 July 2019