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Citation
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Judgment date
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| March 1997 |
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Appellate court reduced a manifestly excessive custodial sentence for minor wounding, stressing consideration of mitigation for unrepresented accused.
Criminal law – Sentencing – Unlawful wounding – Mitigation for unrepresented accused – Consideration of plea and cooperation – Manifestly excessive custodial sentence.
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13 March 1997 |
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Appeal allowed where appellant's denial and supporting evidence created reasonable doubt about knowledge of a specimen banknote.
Criminal law — Cheating — Admissibility and weight of accused's statements — Denial may create reasonable doubt — Conviction unsafe where knowledge not proved beyond reasonable doubt.
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13 March 1997 |
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High Court sets aside excessive three-year sentence for theft and substitutes 12 months, stressing need for sentencing reasons.
Criminal law – Theft – Sentence manifestly excessive – Guilty plea and recovery of property – Sentencing guidelines (up to 18 months) – Duty of trial courts to give reasons – High Court review and substitution of sentence.
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13 March 1997 |
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Government’s forfeiture and conversion of plaintiff’s property entitled plaintiff to damages assessed at market value at judgment date.
Forfeiture Act – constitutional challenge; conversion of property by the State; limitation statute — when action not statute-barred; measure of damages for conversion — market value at date of judgment; rescission of forfeiture order but failure to return property.
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10 March 1997 |
| February 1997 |
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Absence of knowledge and nonparticipation preclude aiding-and-abetting conviction; guilty plea and cooperation merit sentence reduction.
Criminal law – Robbery – Aiding and abetting – Knowledge of essential facts required – Presence not determinative – Guilty plea and cooperation as mitigating factors in sentencing.
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27 February 1997 |
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Failure to comply with prescribed originating-summons forms and acknowledgement requirements bars restoration; application dismissed with costs.
Civil procedure – Originating summons – Failure to comply with Orders 7 and 28 of the Rules of the Supreme Court – Prescribed forms (Form No. 8, 10, 11) and acknowledgement of service required – Court will not restore defective pleadings – Application dismissed with costs.
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6 February 1997 |
| January 1997 |
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Plaintiff owned the car; forfeiture against husband did not vest wife's separately owned vehicle in Government, judgment for conversion entered.
+ Civil procedure — Judgment on admissions (Order 27 Rule 3) — admissions must be clear and unequivocal
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Forfeiture Act — vesting of property — only vests property of person subject to forfeiture order in Administrator General
+ Property law — Married Women’s Property Act — married woman may have separate property distinct from husband
+ Conversion — sale of property seized under forfeiture where ownership belonged to non-subject person gives cause for damages
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30 January 1997 |
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Self-defence rejected where pursuit and severe hacking of retreating victim showed revenge; provocation only mitigates sentence.
'Criminal law - causing grievous bodily harm - self-defence - necessity and proportionality; revenge versus self-defence; provocation not a defence to GBH but relevant to sentencing; appellate review of sentence.'
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30 January 1997 |
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Forfeiture order was unlawful and unconstitutional because the plaintiff was deprived of property without compensation or opportunity to be heard.
Forfeiture law – Ministerial power to forfeit property – Procedural fairness and right to compensation – UN Universal Declaration and constitutional protections – Legal disability under forfeiture and effect on limitation.
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22 January 1997 |
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Whether the respondent electricity supplier negligently reconnected power, causing fire and compensable loss.
Tort — Negligence — Duty of care and proximity — Electricity supplier’s liability for fires from arcing and short‑circuiting; res ipsa loquitur applicable where defendant had sole control and offered no adequate explanation
Evidence — Lay eyewitness testimony on sparks/arcing admissible and can be preferred to a weak technical witness
Damages — Recovery for property destruction, house replacement and lost rentals; interest on damages not recoverable under Malawi law
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16 January 1997 |
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Conditional surrender invalidated sale; sale without consent amounted to conversion, netting a small judgment after set-off.
Civil law – Conversion of chattels – Repossession versus sale – conditional surrender – set-off of employer’s counterclaim for unpaid advances, insurance and notice pay – assessment of damages and loss of use.
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8 January 1997 |
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Political party liable for on-site assault and short-term detention; State vicariously liable for prolonged police custody and malicious prosecution.
Tort — False imprisonment; Assault and battery; Malicious prosecution; Vicarious liability of State for police conduct; Liability of political party for acts of office-bearers; Apportionment of liability between independent tortfeasors; Pleading requirements for special damages.
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8 January 1997 |
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Assessment and apportionment of damages for assault, false imprisonment and malicious prosecution between party and State.
Torts – false imprisonment; assault and battery; malicious prosecution; vicarious liability of the State; apportionment of liability between independent tortfeasors; requirement to plead special damages for loss of employment/business.
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8 January 1997 |