All courts - 2014 March

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6 judgments

Citation	Judgment date
March 2014
Electoral Commission v Safuli (Election Case 3 of 2014) [2014] MWHC 512 (28 March 2014) A statutory university lecturer is not a civil servant for eligibility disqualification; leave of absence is not resignation. Election law – candidate eligibility – "public office" defined narrowly as civil service – university lecturers not civil servants – leave of absence v. resignation – s51(2)(e) Constitution; s40 Parliamentary and Presidential Elections Act.	28 March 2014
Malawi Electoral Commission v Kalua (Miscellaneous Election Petition 4 of 2014) [2014] MWHC 513 (28 March 2014) Board membership of a statutory corporation is not necessarily a "public office" under section 51(2)(e); resignation before nomination cures disqualification. Constitutional interpretation — "public office" in section 51(2)(e) limited to civil service; statutory corporation board membership not per se a public office; resignation prior to nomination cures disqualification; election procedure — section 40 PPE Act referral and duty to afford procedural fairness; binding precedent and duty to follow Supreme Court of Appeal.	28 March 2014
Lapozo v Mwenekondo & Anor. (None) [2014] MWHC 490 (24 March 2014) Plaintiff injured by a bus; driver found negligent and insurer held liable under s.65A; damages and costs awarded. Negligence — Road traffic accident — Driver liable for negligent driving (over‑speeding) — Insurer liability under s.65A Road Traffic Act — Evidence: police abstract and medical report — No rebuttal by defendants — Assessment of damages (pain and suffering, loss of amenities, special and medical expenses).	24 March 2014
Malawi Electoral Commission v Ngwale (Miscellaneous Election Petition 8 of 2014) [2014] MWHC 510 (24 March 2014) The affected parties were granted leave to appeal; counsel reprimanded for including a misleading postscript and unprofessional conduct. Electoral law — fresh elections — voters' roll to be used — candidate eligibility — procedural conduct of counsel — improper inclusion of 'postscript' in formal order — respect for court orders — leave to appeal granted.	24 March 2014
Malawi Electoral Commission v Ngwale (Miscellaneous Election Petition 8 of 2014) [2014] MWHC 511 (24 March 2014) Leave to appeal granted; court reprimanded counsel for improper postscript and unprofessional attempts to revisit its order. Electoral law – fresh elections – use of voters' roll; leave to appeal; joinder of affected parties; professional conduct of counsel; propriety of postscripts in formal court orders.	24 March 2014
Chingolo v Chingolo (None) [2014] MWHC 486 (23 March 2014) Petitioner established cruelty, constructive desertion and adultery; decree nisi granted, custody and maintenance to be determined. Matrimonial law — Cruelty proven by repeated physical assaults; Constructive desertion where conduct foreseeably forces spouse to leave; Adultery may be inferred from communications and circumstances; Weight of hearsay evidence in unrepresented parties’ testimony; Decree nisi with decree absolute after interpleader period; Custody and maintenance to follow.	23 March 2014