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All courts - 2014 October

4 judgments

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4 judgments


October 2014
Reserve Bank of Malawi v Finance Bank Malawi Limited (In Voluntary Liquidation) (By Original Action) and Finance Bank Malawi Limited (In Voluntary Liquidation) v Attorney General (By Counterclaim) (Commercial Cause 202 of 2008) [2014] MWHC 516 (27 October 2014) Whether a central bank lawfully revoked a bank's licence and reclaimed supervision and forensic audit costs. Banking law — revocation of banking licence — statutory powers under Banking Act (ss 10, 31) — due process and urgency; Prudential supervision — recovery of costs (s 53) — forensic audit fees recoverable; Constitutional/administrative law — natural justice and section 43 — adequacy of hearing in urgent financial contexts; Consent orders and side letters — duress, waiver and estoppel; Public law torts — misfeasance in public office — bad faith not established; Interest — compound interest awarded.	27 October 2014
Mussa v Kainga and Another (Election Petition 14 of 2014) [2014] MWHC 514 (17 October 2014) Petition for recount and alleged barring of monitors dismissed for failure to prove material irregularities. :[	17 October 2014
Banda and 4 Others v Big Foot Express and Another (Personal Injury Cause 147 of 2012) [2014] MWHC 503 (7 October 2014) Prior consent settlement on identical facts can preclude a defendant from maintaining a bona fide defence, justifying summary judgment. Civil procedure — Summary judgment under Order 14 r.1 — Bhogal two-stage test: credible defence and bona fide defence — Effect of prior consent order/compromise on issue estoppel and res judicata — Whether prior settlement on same facts precludes denial of liability.	7 October 2014
Kishindo v Kishindo (Civil Cause 397 of 2013) [2014] MWHC 2 (7 October 2014) Customary-law matrimonial property is governed by fairness; property in one spouse’s name may be jointly held and equally divided. Family Law — Matrimonial Property — Customary-law marriage — Whether property registered in one spouse’s name is ‘held jointly’ and subject to fair distribution under Constitution s 24(1)(b)(i) and (ii) — Customary Law — Chitengwa matrimonial house obligation — Extent and location of husband’s duty to build a matrimonial home Constitutional Law — Equality and Property Rights — Interaction of customary law with ss 24(1)(b)(i) & (ii) of the Constitution; fairness principle governs distribution	7 October 2014