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Malawi Supreme Court of Appeal - 2020 August

5 judgments
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5 judgments
August 2020
Kaphamtengo, Nambala and Chimutu v R (MSCA Criminal Appeal 1 of 2020) [2020] MWSC 4 (24 August 2020)
24 August 2020
Mekiseni, Sitima, Joseph and Mwinjiro v R (MSCA Criminal Appeal 20 of 2016) [2020] MWSC 3 (24 August 2020)
24 August 2020
Mzunga v R (MSCA Criminal Appeal 3 of 2020) [2020] MWSC 5 (21 August 2020)
21 August 2020
R v Ndhlovu (Confirmation Case 474 of 2019) [2020] MWSC 16 (13 August 2020)
Convictions for forgery and attempted theft confirmed; forgery sentence reduced, lawyer admonished and referred for disciplinary inquiry.
  • Criminal law — Forgery of court instruments — Sentence review and reduction — Plea of guilty and mitigation — Automatic review without oral hearing under s.363(2) (COVID‑19) — Professional misconduct: admonition and referral to Disciplinary Committee under Legal Education and Legal Practitioners Act.
13 August 2020
Professor Arthur Peter Muntharika and Another v Dr. Saulos Klaus Chilima (MSCA Constitutional Appeal 1 of 2020) [2020] MWSC 13 (10 August 2020)
Registrar has discretion on counsel numbers; care and conduct allowed and taxed at 100%, with specified sums payable in 30 days.
  • Costs taxation — Registrar's discretion on number of counsel; care and conduct fees allowable under Courts (High Court) (Civil Procedure) Rules, 2017; percentage uplift for care and conduct — 100% awarded for a complex appeal; payment within 30 days.
10 August 2020