Skip to document content Skip to main menu Skip to search

Malawi Supreme Court of Appeal - 2021 April

4 judgments
Advanced search
Skip past Court registries
Skip past years
Skip past months
Filters
Skip to results
4 judgments
April 2021
Khoviwa v R (MSCA Miscellaneous Criminal Appeal 12 of 2017) [2021] MWSC 3 (28 April 2021)
A sentencing rehearing in the High Court is the appropriate constitutional remedy for sentences imposed under the invalid mandatory death provision.
  • Constitutional law — mandatory death penalty — Kafantayeni and Yasini — remedy of sentencing rehearing under ss. 46(2)–(3) and 108(2) — res judicata and stare decisis inapplicable to constitutional resentencing remedy — reception of post-conviction mitigation evidence — management directions for resentencing.
28 April 2021
Mhone v Electoral Commission & Kaunda (Election Appeal 14 of 2020) [2021] MWSC 2 (21 April 2021)
21 April 2021
In the Matter of the Application to Practice as Legal Practitioners in a Specific Cause by Ntsebeza, SC and Mere (33 of 2020; Admission Cause 32 of 2020) [2021] MWSC 4 (13 April 2021)
13 April 2021
JTI Leaf (Malawi)Ltd v Kapachika (MSCA Civil Appeal 52 of 2016) [2021] MWSC 1 (13 April 2021)
An appeal from the Industrial Relations Court must raise questions of law or jurisdiction, not re-litigate factual findings.
  • Labour law — Appeals from Industrial Relations Court — Section 65(2) LRA confines appeals to questions of law or jurisdiction; factual findings of IRC final and binding — Appellate consideration of facts limited to assessing whether law was correctly applied to found facts — Procedural requirements for grounds of appeal (Order III r.2 SCA Rules) — Inchoate appeals.
13 April 2021