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Principal Registry - 2022

11 judgments

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11 judgments


December 2022
Mota Engil Engenharia E Construcao (MW) v Omega security Solutions (Pvt) Limited (Civil Appeal 159 of 2013) [2022] MWSC 23 (20 December 2022) Appeal dismissed for non‑compliant, vague grounds of appeal; procedural rules breach precluded hearing merits. Civil procedure — Appellate practice — Order III, rule 2 — Grounds of appeal must be concise, precise and indicate whether based on law or fact — Vague or argumentative grounds may be struck out Procedure — Non‑compliance with appeal rules constitutes want of due prosecution and may result in dismissal Discretion — Court may waive non‑compliance only in exceptional circumstances and in interests of justice	20 December 2022
November 2022
Malawi Law Society v Registrar of Financial Institution s and Insurance Association of Malawi (MSCA Civil Appeal 9 of 2021) [2022] MWSC 12 (10 November 2022) Court refused to re-enter an appeal dismissed for non-attendance, finding no jurisdiction or sufficient cause. Civil procedure — non-appearance — Order III rule 21(2) (re-entry applies to struck out appeals only) — insufficient cause for non-attendance — inherent jurisdiction — functus officio — delay and prejudice.	10 November 2022
Malawi Law Society v Registrar of Financial Institutions (Civil Appeal 9 of 2021) [2022] MWSC 22 (10 November 2022) Application to re-enter an appeal dismissed for non-attendance refused: court lacked jurisdiction, dismissal rendered it functus officio, and appellant showed undue delay. Civil procedure — Appeal dismissed for non-appearance — Order III r.21(2) permits re-entry for struck-out appeals but not dismissed appeals; inherent jurisdiction limited; dismissal renders court functus officio; insufficient cause where counsel’s explanation is inconsistent; prior delay and lack of diligence relevant to discretion.	10 November 2022
October 2022
Bwanali v R (Criminal Appeal 2 of 2022) [2022] MWSC 18 (26 October 2022) Applicant failed to show exceptional circumstances for bail pending appeal based on alleged conflicting authorities on licence burden. Bail pending appeal — exceptional circumstances required — applicant must show likelihood of success on appeal.	26 October 2022
Msiska v Times Group (Civil Appeal 15 of 2020) [2022] MWSC 20 (13 October 2022) Dismissal for alleged drunkenness upheld; disciplinary process found substantively and procedurally fair; appeal dismissed, costs awarded. Employment law — unfair dismissal — disciplinary hearing — consuming alcohol on duty — substantive and procedural fairness — section 57 and section 62 Employment Act — right to cross-examine accusers — court proceeding in absentia.	13 October 2022
July 2022
Almeida v Almeida (MSCA Criminal Appeal 11 of 2022) [2022] MWSC 13 (11 July 2022)	11 July 2022
June 2022
Denvar v Strabag International (Civil Appeal 2 of 2022) [2022] MWSC 15 (30 June 2022) The applicant’s claim failed: racist insults about driving were offensive but not legally defamatory; appeal dismissed. Defamation — ordinary and ordinary‑meaning test; whether insulting/racial remarks constitute defamatory imputation of character or mere abuse; requirement of proof of reputational harm; vicarious liability — scope of employment not determined where no defamation established.	30 June 2022
May 2022
Muluzi v Attorney General (Constitutional Appeal Case 25 of 2018) [2022] MWSC 17 (17 May 2022) Whether corruption reverse‑onus provisions unlawfully shift legal burden and infringe the applicant's presumption of innocence. Constitutional law — Corrupt Practices Act s.32(2)(b),(c) — reverse onus — distinction between legal (persuasive) and evidential burdens — presumption of innocence and right to silence (s.42(2)(f)(iii)) — limitation and proportionality under s.44 — statutory interpretation in context of anti‑corruption objectives.	17 May 2022
April 2022
Kakhome v National Bank of Malawi for INDE Bank Limited (Civil Appeal 4 of 2021) [2022] MWSC 21 (5 April 2022) An appeal against an order made in chambers was incompetent: leave was required and the notice of appeal was filed out of time. Civil procedure — Appeal competence — Leave required for orders made in chambers (s.21 SCAA Act) — Notice of appeal filed out of time — Lower court lacked jurisdiction to extend time to appeal (s.23(2)) — Caution on ex-parte applications after long delay.	5 April 2022
January 2022
S (on the Application of Malawi Revenue Authority) v Chairperson of Industrial Relations Court and Another (Miscellaneous Case 56 of 2021) [2022] MWSC 30 (31 January 2022) Whether judicial review is the proper route to challenge an IRC judicial order and whether an appellate court may restore interim relief. Judicial review v. judicial decisions; subordinate courts — appeals, review and supervision; s61 Courts Act — judicial immunity absent bad faith; interim relief — balance of convenience and security; appellate jurisdiction to entertain fresh applications.	31 January 2022
The State (On the Application of the Malawi Revenue Authority) v the Chairperson of the Industrial Relations Court and Roza Mbilizi (JUDICIAL REVIEW CAUSE NUMBER 52 OF 2021, HIGH COURT OF MALAWI, PRINCIPAL REGISTRY; MSCA CASE NUMBER 56 OF 2021) [2022] MWSC 32 (31 January 2022) Appellate court reinstated IRC interim stay, finding High Court misapplied discretion and limiting judicial review of judicial decisions. Civil procedure — Judicial review — Review of judicial decisions of subordinate courts and effect of Courts Act s 61 immunity — Interim relief — Discretion, balance of convenience and when a stay should be granted or vacated — Jurisdiction — Appellate court entertaining fresh applications to challenge interim relief where High Court has granted or refused leave	31 January 2022