Results.
469 judgments found.
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| December 2021 |
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Court upheld permission for judicial review and continued interim injunction, finding triable questions on jurisdiction and bias.
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Judicial review — permission stage (arguable case) — Ombudsman powers under s123(1)-(2) — jurisdictional limits versus alternative remedies — apparent bias/conflict of interest — interlocutory reliefs to preserve status quo pending review.
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27 December 2021 |
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The claimant awarded MK2,000,000 for six days' false imprisonment and MK1,500,000 costs, total MK3,500,000.
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False imprisonment — detention without charge — constitutional requirement to take arrestee to court within 48 hours (s.42(1)) — where police wholly fail to take to court all days compensable — assessment of non-pecuniary damages — restitutio in integrum — absence of aggravating circumstances — costs on assessment
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23 December 2021 |
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The claimant prevailed: defendant negligent in rear‑ending claimant; police report hearsay; insurer's policy limit conceded.
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Road traffic negligence — rear‑end collision — duty to keep proper lookout and avoid excessive speed; hearsay traffic report inadmissible as evidence of liability; no contributory negligence; insurer's third‑party policy limit (and coverage of party‑and‑party costs) treated as conceded.
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23 December 2021 |
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Employer liable for false imprisonment and malicious prosecution of two employees; two guards’ claims failed, defamation and special damages unproven.
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Tort — False imprisonment — Distinction between merely reporting a crime and laying a charge; Malicious prosecution — elements: institution by defendant, lack of reasonable and probable cause, resolution in claimant's favour, malice; Defamation — need for publication and proof of reputational harm; Failure to call material witnesses — adverse inference; Costs and assessment by Registrar.
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23 December 2021 |
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The applicant failed to prove South African law entitling a foreign domestic partner to a share in Malawian property.
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Choice of law — foreign domestic partnership — law of domicile (South African law) controls characterization of relationship and proprietary rights; burden to plead and prove foreign law; failure to prove foreign law defeats claim to joint ownership; counterclaim for routine estate-processing expenses dismissed.
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23 December 2021 |
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Employer liable for negligence and statutory breach for unsafe machinery and inadequate supervision.
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Occupational Safety, Health and Welfare Act s13 and s58 — employer’s duty to provide safe plant, instruction, supervision and protective clothing — employer negligence for permitting operation of machine with broken safety door — contributory negligence not established.
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23 December 2021 |
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Administrative protest letters by a government department did not constitute wrongful interference; damages evidence was speculative and claim dismissed.
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Property law — registered leasehold rights; administrative protest by government department; wrongful interference — trespass and nuisance; evidentiary sufficiency for special damages — hearsay quotations and absence of quantity surveyor evidence; causation and speculative loss.
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23 December 2021 |
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Registered lease confers rights, but state-department protest was not wrongful interference and claimed special damages were unproven.
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Registered Land Act (ss.24,25) — lease registration confers proprietary rights; administrative protest by state department not necessarily wrongful interference; trespass and nuisance distinguished from administrative objections; proof and quantification of special damages — hearsay quotations, need for expert/quantity surveyor evidence; civil standard: balance of probabilities.
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23 December 2021 |
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Claimant failed to prove causation between consuming the drink and illness; res ipsa loquitur inapplicable.
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Product liability — Manufacturer’s duty of care to consumers — Presence of foreign matter as evidence of breach — Causation requirement and need for scientific nexus — Res ipsa loquitur inapplicable where contaminated item not consumed.
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23 December 2021 |
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Claimant proved manufacturer liability for illness from a defective sealed beer based on circumstantial evidence excluding tampering.
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Product liability — defective food and drink — causation established by circumstantial evidence — sealed container inference — manufacturer’s liability — gastroenteritis from contaminated beer.
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22 December 2021 |
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A convicted applicant must show exceptional circumstances for bail pending appeal; delay, merits and health grounds were insufficient.
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Criminal procedure — Bail pending appeal — Section 359 CP&EC — Requirement of exceptional/unusual circumstances — Delay/quorum of appellate bench — Prospects of success and mistrial — Interests of justice — Health and age not sufficient.
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22 December 2021 |
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An interlocutory injunction granted to preserve status quo over disputed land where title is triable and damages are inadequate.
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Interlocutory injunction — land disputes — serious question to be tried — adequacy of damages — balance of convenience — prior High Court order supporting claimant’s title.
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21 December 2021 |
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Assessment awarded MK3,506,000 to each claimant; loss of earnings and future medical care claims not proven.
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Road traffic accident — assessment of damages — pain and suffering — loss of amenities — disfigurement — loss of earnings and earning capacity — future medical care — insufficient evidence — special damages for reports.
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21 December 2021 |
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Court awarded MK4.5 million for pain, loss of amenities and disfigurement; denied future earnings claim.
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Personal injury — Assessment of damages — Pain and suffering; Loss of amenities of life; Disfigurement (loss of finger) — Loss of future earning capacity denied where medical evidence indicates recovery — Default judgment enforcement.
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20 December 2021 |
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Applicant failed to prove the beverage was contaminated while under the respondent’s control, claim dismissed.
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Product liability — Manufacturer’s duty of care — Proof of defect at point of manufacture — Tampering after sale — Burden and credibility of evidence in negligence claims.
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17 December 2021 |
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Claimant failed to prove beer contamination occurred under the manufacturer's control; negligence claim dismissed.
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Product liability — Manufacturer’s duty of care to consumers — Proof of defect and causation — Whether contamination occurred while product under manufacturer’s control — Role of retention samples and Malawi Bureau of Standards report — Credibility and inconsistencies of witnesses.
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17 December 2021 |
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Whether the applicant may appeal High Court reviews under ss25–26 and whether failure to record fresh pleas is curable.
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Criminal Procedure
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Review Jurisdiction — Appealability of High Court reviews under Courts Act ss25–26 — Relationship with Part XIII CP&EC and SCA Act s11(2)
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Amendment of Charge and Pleas — Failure to record fresh pleas after amendment — Whether omission curable under s3 CP&EC
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17 December 2021 |
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Court denied bail in a homicide case, finding seriousness and flight risk outweighed entitlement despite prosecution delays.
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Criminal law — Bail — Constitutional right not absolute — Bail Guidelines Act (Guideline 4): seriousness of offence, strength of case, risk of evasion — prosecutorial delay and disclosure failures do not automatically entitle accused to bail — court may direct prosecution to expedite trial and notify senior authorities.
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16 December 2021 |
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Claimant entitled to refund, interest and inconvenience damages after defendants resold already‑purchased land.
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Sale of land — Rescission/restitution where vendor resells property — Interest on money paid — Damages for inconvenience — Default judgment and assessment of damages.
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16 December 2021 |
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Claimant awarded MK2,900,000 for pain, suffering, loss of amenities and disfigurement, plus costs.
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Damages — assessment of general damages for personal injury — pain and suffering; loss of amenities; disfigurement — reliance on comparable Malawian precedents — award MK2,900,000 and costs.
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16 December 2021 |
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Court granted bail in a homicide case where investigations were complete and the State did not object, imposing protective conditions.
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Bail — constitutional right; pre-trial custody limit; adjournment for investigations; grant of bail in homicide charge; conditions of release (cash bond, sureties, reporting, surrender of travel documents, non-interference with witnesses).
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16 December 2021 |
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The appellants’ challenge to custodial sentences for wildlife offences was dismissed; sentences upheld as not manifestly excessive.
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Wildlife offences — Sentencing — National Parks and Wildlife Act s110A(d) — Custodial penalties for killing protected species — Appeal standard: manifestly excessive/wrong principle — Concurrent sentences — Public interest and conservation objectives.
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16 December 2021 |
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Court maintains stay and orders 85% of large compensation paid into court pending appeal, allowing 15% interim payment to respondents.
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Stay of execution pending appeal — discretionary exercise — risk of injustice and prejudice; Payment into court as protective measure; Special circumstances: impecuniosity and risk of non-recovery; Relevance of prior payments to respondents; Variation of payment-into-court order to allow interim partial payment.
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15 December 2021 |
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Court awarded damages for injuries, vehicle replacement, hiring costs and curtailed loss-of-use award due to failure to mitigate.
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Road traffic accident — negligence of government servant — assessment of damages: pain and suffering, loss of amenities, vehicle replacement value, hiring costs and loss of use — duty to mitigate — rejection of overlapping/excessive hire charges.
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14 December 2021 |
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Claimants entitled to statutory and common-law compensation, trespass damages, inconvenience award and legal fees following river diversion works.
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Land acquisition and compensation — assessment of fair compensation under Land Acquisition Act; trespass — damages for loss of use and diminution of value; damages for inconvenience and recovery of legal fees; reliance on expert valuation.
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14 December 2021 |
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Court awarded compensation and damages for trespass, loss of use, inconvenience and legal fees for land damaged by river diversion works.
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Property law — compulsory works and compensation — assessment of fair compensation for destroyed land, crops and trees; trespass — damages for loss of use, rental of substitute land, inconvenience and legal fees; application of Land Acquisition Act (ss.9–10) principles.
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14 December 2021 |
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Assessment of damages for claimant’s metatarsal fracture, disfigurement and report costs, with quantum and costs awarded.
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Personal injury — assessment of damages — metatarsal fracture — pain and suffering and loss of amenities of life — disfigurement (loss of tooth) — special damages (police and medical reports) — party-and-party costs (summary award).
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14 December 2021 |
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Summary judgment granted where defendant admitted agent’s Triclon spray and report established causation; defendant liable.
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Civil procedure — Summary judgment (Order 12) — Defendant’s admission of agent’s spraying — Principal’s liability for agent’s acts — Causation: Triclon drift versus pest attack — General denials insufficient; independent agricultural report accepted.
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13 December 2021 |
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Assessment limited to quantum; uncertified medical documents have limited weight but claimants awarded MK4.2m each for sewage-contaminated water exposure.
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Consumer Protection Act; breach of statutory duty; assessment of damages; admissibility/authentication of medical documents; proof of psychiatric/psychological injury on balance of probabilities; restitutio in integrum.
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13 December 2021 |
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Application for stay pending appeal refused; applicant failed to prove that refusal would cause injustice; fine’s size alone insufficient.
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Civil procedure — stay of execution pending appeal — discretionary remedy — burden on applicant to show on balance of probabilities that refusal causes injustice; size of fine alone insufficient; courts will not grant stay to obtain gratuitous procedural guidance.
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10 December 2021 |
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High Court dismissed ex‑parte bail application for non‑service, suppression of pending subordinate proceedings, and non‑compliance with Bail Guidelines Act.
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Constitutional right to bail (s42(2)(e)) — Bail Guidelines Act Part II ss8,10,12 — requirement to notify the State in bail proceedings — inadmissibility of original High Court bail applications where subordinate proceedings pending — suppression of material facts and abuse of process — necessity of exhibiting subordinate court record to prove prior decision.
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10 December 2021 |
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A regulator’s recall and re-export order made without affording the importer a hearing violates natural justice and is void.
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Administrative law — natural justice — right to be heard — section 43 Constitution — Malawi Bureau of Standards Act powers (market surveillance, re-testing, recall and re-export) — ultra vires — quashing of recall order — costs.
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9 December 2021 |
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A recall/re-export order issued without hearing the importer breached natural justice and was quashed.
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Administrative law — right to be heard and natural justice — Section 43 Constitution — Malawi Bureau of Standards Act powers (market surveillance, testing, recall/re-export) — procedural impropriety renders decision ultra vires and void — costs awarded to successful applicant.
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9 December 2021 |
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A regulator’s recall order issued without hearing the applicant breached natural justice and was quashed; costs awarded against the respondent.
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Administrative law — natural justice — right to be heard — recall and re-export of imported goods — Malawi Bureau of Standards Act (market surveillance, section 30 and section 35) — procedural fairness — result of re-testing deemed to apply to whole batch (section 35(3)) — decision void for breach of natural justice.
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9 December 2021 |
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Default judgment set aside where defendant disclosed triable defence despite weak excuse for failing to defend; conditional leave granted.
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Civil procedure — Default judgment — Setting aside under Order 12 Rule 21 — Service on a company (s.372(1)(b) Companies Act) — Reasonable cause for default — Meritorious/triable defence — Unless order and conditions.
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6 December 2021 |
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Court taxed claimant's costs on the standard basis, reducing an excessive bill to K4,688,756.25 as proportionate and reasonable.
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Civil procedure — assessment of party-and-party costs — standard basis where consent order silent — proportionality and reasonableness — hourly rate — reductions for unsupported or excessive items — disallowance of refresher fees where matter concluded at single hearing.
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6 December 2021 |
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The claimant awarded K7,503,000 for an ankle fracture; insurer’s liability limited to K5,000,000 under the policy.
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Personal injury — fractured left ankle — assessment of general damages for pain, suffering and loss of amenities — disfigurement and permanent impairment — proof of special damages — insurer liability limited to policy limit.
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6 December 2021 |
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Summary judgment refused where defendants raised triable issues on causation and contributory negligence requiring full trial.
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Civil procedure — Summary judgment (Order 12 r.23 CPR) — 'Real prospect of defending' test — Multi‑vehicle collision negligence — Causation and contributory negligence are triable issues.
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6 December 2021 |
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Application to set aside a regular default judgment dismissed for inadequate explanation despite an arguable defence.
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Civil procedure — Default judgment — Application to set aside — Whether defendant showed reasonable cause for not defending — Meritorious/triable defence — Duty to exercise diligence with insurers/agents — Discretion to refuse relief despite arguable defence.
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6 December 2021 |
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Assessment of party-and-party costs on standard basis; reductions for disproportionate time items and unsupported disbursements.
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Costs assessment — order silent on basis — assess on standard basis; proportionality and reasonableness of party-and-party costs; reasonableness of hourly rate; disallowance of counsel travel for filing as professional time; reduction of unsupported disbursements.
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6 December 2021 |
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Execution upheld as regular; consent order overridden and defendant’s application allowed only subject to strict pre-conditions.
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Civil procedure — Execution and seizure — Default judgment revived after failure to comply with restoration condition — Consent orders — grounds to set aside (duress, fraud, mistake, Barder events) — Third-party claims and interpleader — Sheriff fees and expenses.
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3 December 2021 |
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A Registrar must refer contentious, appeal‑likely applications to the assigned judge; an Assistant Registrar’s decision made without referral was void and appeal was incompetent.
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Civil procedure — competency of appeal — appeals under section 21 of Supreme Court of Appeal Act lie from High Court or judge, not Registrar — Order 25 CPR: Registrar’s powers subject to judge’s direction and referral — Registrar must refer contentious or appeal‑likely matters to assigned judge — determination by Registrar without referral may be without jurisdiction.
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2 December 2021 |
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Magistrates' courts lack jurisdiction to challenge final immigration removals under section 4(1)(a); constitutional review lies in the High Court.
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Immigration law — Prohibited immigrant (s4(1)(a)) — Appeals barred except on identity (s9) — Jurisdiction of subordinate courts — Constitutional challenges and judicial review reserved for High Court (s108).
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2 December 2021 |
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Notice of intended demonstrations must be served on the District Commissioner, not the city Chief Executive Officer.
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Police Act (Part IX) — Regulation of assemblies and demonstrations — Notice of intention — Proper recipient: District Commissioner (administrative officer in charge of a district) — Chief Executive Officer of City Council not equivalent — s.96(7) notice particulars — s.98 consultations/48‑hour rule — Delegation under s.95 — Judicial review under s.102.
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1 December 2021 |
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Notice of intended demonstration must be served on the District Commissioner; service on city CEO is legally ineffective.
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Police Act (Part IX) — Regulation of assemblies and demonstrations — Proper recipient of notice: District Commissioner (statutory administrative officer) — City Chief Executive Officer distinct and not substitute absent lawful delegation — Effect of service on wrong office: no notice at law — Judicial review under s102 requires a valid prohibition.
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1 December 2021 |
| November 2021 |
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Assessment of personal injury damages where claimant proved pain and some loss of amenity but lacked evidence for sexual incapacity or disfigurement.
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Assessment of damages — personal injury from motor vehicle accident — pain and suffering; loss of amenities (alleged sexual incapacity) — lack of medical proof; disfigurement not established; special damages awarded on judicial notice of report fees.
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30 November 2021 |
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Proceedings struck out for inordinate delay and abuse of process under Order 12 r.56 CPR.
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Civil procedure — want of prosecution — striking out proceedings for inordinate delay and abuse of process — Order 12 r.56 and r.58 CPR — court may strike out without notice after 12 months’ inactivity.
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30 November 2021 |
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Summary judgment was improperly granted where injunction defence, third‑party proceedings, and an unliquidated loss‑of‑profits claim required a trial.
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Civil procedure — Summary judgment and judgment on admission — Defendant’s affidavit and defence raising triable issues — Third‑party proceedings not an admission of liability — Unliquidated loss of profits requiring assessment — Requirement for reasons in judgment.
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30 November 2021 |
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30 November 2021 |
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Interlocutory injunction granted to restrain defendant's construction pending trial due to triable title issue and inadequacy of damages.
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Property law — interlocutory injunction — dispute over boundary and possession — triable issue as to title — inadequacy of damages for land — preservation of status quo pending trial.
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29 November 2021 |