Results.
470 judgments found.
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| November 2021 |
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Appellate court reversed lower decision: unsigned, unproven sale insufficient; chiefs’ involvement and proper evidence required for customary land ownership.
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Customary land — ownership and sale — individual acquisition and sale of customary land recognised; chiefs’ role and customary consent required
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Evidence — admissibility and weight — unsigned document and absence of proof of consideration render alleged sale invalid
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Witnesses — failure to call material witnesses (vendor/chiefs) weakens party’s case
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Appeal — High Court’s role as rehearing court to reassess evidence and correct misdirections by lower court
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9 November 2021 |
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In-house counsel cannot personally claim party or solicitor-and-own-client costs; party acting in person recovers up to two-thirds of assessed counsel-scale costs.
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Costs — taxation; whether in-house counsel may personally recover party-and-party or solicitor-and-own-client costs — party costs belong to the party
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Legal Practitioners Act s.31 — restrictions on in-house practice; exceptions
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Civil Procedure Rules O.31 r.15(1) — party acting in person recoverable up to two-thirds of counsel-scale costs
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Assessment — reduction of excessive hours and application of reasonable hourly rates
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9 November 2021 |
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Interlocutory injunction granted to restrain defendants from developing disputed land due to triable issues and inadequate remedy at law.
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Interlocutory injunction — Order 10 r.27 CPR — triable issue over land — inadequacy of damages for real property — balance of convenience and preservation of status quo — trespass and development pending trial.
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8 November 2021 |
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A trespass claim on leased land is not automatically a "commercial matter"; defendant failed to prove lack of jurisdiction.
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Jurisdiction — Commercial matter — Definition and scope under Courts Act; Trespass to land — Lease alone does not render dispute commercial; Onus of proof — Allegation of commercial significance must be supported by evidence; Commercial Division vs General Division — Proper forum determined by demonstrated commercial significance.
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5 November 2021 |
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Restoring an alleged-stolen vehicle on one day's notice and before trial was irregular; restoration and enforcement orders set aside.
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Criminal procedure — restoration/disposal of property — preservation of prospective exhibits — adequacy of notice for return dates — ownership disputes pending trial — enforcement orders against non-parties — magistrate court record-keeping and reassignment of proceedings.
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5 November 2021 |
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Whether customary land used for a school becomes public without formal acquisition and whether title moves with buildings.
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Customary land — conversion to public/institutional land requires Land Acquisition Act procedure; title on customary land may move with buildings (Kampaundi v Rev Sisco); boundary/beacon evidence; limitation not determined.
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3 November 2021 |
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Whether customary land became public without statutory acquisition and whether title to improvements moves with the land.
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Land law — customary land v public/institutional land — Land Acquisition Act compliance — title moves with property on customary land — encroachment — limitation not determined due to insufficient evidence.
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3 November 2021 |
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A suing party cannot invoke an arbitration clause to obtain a stay; the ex parte injunction was vacated and matter remitted.
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Arbitration clause — stay of proceedings — suing party cannot rely on arbitration to obtain stay; Interim ex parte injunction — effectively permanent relief — vacated; Legal practitioners — practising licence expiry — documents not automatically invalid; Law firm signature — does not of itself render processes a nullity; Courts' jurisdiction — separability and when stay is appropriate.
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3 November 2021 |
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Claimant's suit and injunction seeking enforcement of a quashed boundary re‑demarcation were dismissed as frivolous and an abuse of process.
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Functus officio; abuse of process; interlocutory injunction; failure to disclose cause of action; boundary re‑demarcation quashed by prior judicial review.
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2 November 2021 |
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Claimant awarded K7,503,000 for spinal injuries, pain and loss of amenities; special damages only partially proved.
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Personal injury — Assessment of damages — Fracture and dislocation of cervical spine — Pain and suffering; loss of amenities; strict proof required for special damages (reports) — Comparable awards and currency devaluation considered — Award K7,503,000 plus costs.
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1 November 2021 |
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Assessment of party-and-party costs: court fixed reasonable hourly rates and taxed costs at K2,346,537.50.
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Costs assessment — party-and-party costs — reasonableness of items — retrospective application of updated hourly rate rules — hourly rate fixed at K30,000 — instruction fees and general care & conduct percentage.
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1 November 2021 |
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Application for interlocutory injunction dismissed: traders on a road reserve have no serious claim and damages or relocation suffice.
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Interlocutory injunction — test (serious question, adequacy of damages, justice) — occupation on road reserve — temporary permission to trade — alternative relocation provided — Public Roads Act/compensation issues — balance of convenience and public interest.
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1 November 2021 |
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Interlocutory injunction refused where traders occupied road reserve, alternative markets provided and damages deemed adequate.
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Interlocutory injunction — road reserve occupation — temporary market allocation — adequacy of damages — alternative relocation offered — Public Roads Act considerations — balance of convenience.
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1 November 2021 |
| October 2021 |
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28 October 2021 |
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CCTV and circumstantial evidence upheld convictions for burglary, vehicle theft and robbery; sentences affirmed and made consecutive.
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Criminal law — right to call witnesses — admissibility and weight of CCTV and circumstantial evidence — sufficiency of prosecution evidence — sentence review and proportionality — forfeiture of vehicle.
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28 October 2021 |
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Employer breached statutory duty by failing to provide adequate manpower, causing employee’s hand injuries; damages awarded.
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Occupational Safety, Health and Welfare Act s13 — employer’s duty to provide safe systems and adequate manpower; s18(a) — employee duty to take reasonable care; causation of injury; damages assessment.
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28 October 2021 |
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The respondent's arrest and prosecution of the applicant was justified where police had reasonable and probable cause.
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False imprisonment; malicious prosecution; defamation; reasonable and probable cause; acquittal not conclusive; civil standard of proof; police reliance on complainant's report and third‑party confirmation.
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28 October 2021 |
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Employer liable for negligence and breach of statutory safety duties after employee injured by foreseeably risky machine setup.
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Employer’s duty of care; Occupational Safety, Health and Welfare Act s13; unsafe machinery/setup; provision of protective equipment; employee contributory negligence; res ipsa loquitur inapplicable; damages assessed by Registrar.
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28 October 2021 |
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Driver turning into a junction without ensuring road was clear found negligent; insurer liable to third‑party claim despite unpleaded licence defence.
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Road traffic — Negligence — Duty of driver to ensure safe turning and keep lookout; Contributory negligence — burden and requirement to call evidence; Insurance — insurer liability to third parties where policy defences not pleaded; Pleadings — matters not pleaded cannot be relied on at trial.
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28 October 2021 |
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Assessment of damages for the applicant's road-traffic injuries; special damages denied for lack of proof.
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Personal injury — Road traffic accident — Assessment of general damages for pain and suffering, loss of amenities and disfigurement — Quantum guided by comparable cases and currency devaluation; Special damages require specific pleading and proof; Court may assess damages where defence struck out and respondent fails to file submissions.
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28 October 2021 |
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Court assessed damages for the applicant’s deceased using minimum‑wage multiplicand, multiplier, and a 35% contributory‑negligence reduction.
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Damages — wrongful death; loss of expectation of life; loss of dependency — multiplicand/multiplier method; use of statutory minimum wage where no earnings proven; life expectancy and multiplier; requirement of proof for special damages; application of contributory negligence to award.
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28 October 2021 |
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Appeal allowed in part: special damages must be pleaded and proving; new‑vehicle price is improper benchmark for second‑hand sale.
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Civil procedure — leave to appeal — timing and curable irregularity; Pleadings — general v special damages — necessity to plead and prove special damages; Measure of damages — appropriate benchmark for second‑hand goods; Over‑compensation and assessment of quantum.
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28 October 2021 |
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Leave to apply for judicial review refused where counsel's neglect and applicant's unauthorised occupation of public land made restoration unjustified.
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Judicial review — restoration of leave after discharge for non-attendance — excusable mistake v deliberate neglect — unauthorised occupation of public land — prospects of success on retrial — prejudice and public policy — costs.
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28 October 2021 |
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Default judgment refused because summons and Form 2 were served by email without court-authorised substituted service.
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Service of process — summons and response in Form 2 require personal service unless Court authorises substituted service — email service without sanction is ineffective — default judgment refused — Orders 5 r7, 8 r3, 8 r20, 12 r6; irregularity and Order 2 r3.
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27 October 2021 |
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Failure to alert an unrepresented accused to the s138(1) statutory defence is not fatal absent evidence of a reasonable belief the girl was 16+.
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Criminal law — Defilement (s138(1) Penal Code) — Statutory proviso defence of reasonable belief that complainant was 16+ — Duty to alert unrepresented accused at plea-taking only in rare cases — Failure to alert not fatal where no evidence of such belief.
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25 October 2021 |
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Appellant failed to prove a three‑year, time‑limited customary allocation; respondent’s allocation stood and the appeal was dismissed.
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Customary land — Land Act ss.25–26 — Chief’s power to allocate — Temporary allocation alleged — Burden of proof on balance of probabilities — Absence of written term or proven custom to remove occupant — Appeal dismissed.
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25 October 2021 |
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Acquittal upheld on reasonable mistaken belief of age; court rejects sexual history and illegal child marriage as justifications.
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Criminal law — Defilement (statutory rape) — Mistake of age defence under s.138(1) — Evidence of age: representations, bodily appearance, sexual history — Child marriage unlawful — Voir dire for witnesses of 'tender years' — Judicial judgment-writing standards — Legislative concern about overcriminalisation and close-in-age exceptions.
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25 October 2021 |
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Review court upheld acquittal where complainant’s representation and appearance could reasonably support a mistake-of-age defence, while rejecting parental support and sexual history as lawful grounds.
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Criminal law — Defilement/statutory rape — Mistake of age defence — Competency of adolescent witnesses — Illegality of child marriage — Sexual history not determinative of age — Overcriminalisation of consensual adolescent sex.
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25 October 2021 |
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Interlocutory injunction denied where disputed ownership and long uninterrupted possession favoured maintaining the status quo.
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Interlocutory injunctions — land disputes — test for injunction: serious question to be tried; inadequacy of damages; balance of convenience/status quo — res judicata and long undisturbed possession.
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23 October 2021 |
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22 October 2021 |
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22 October 2021 |
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The applicant awarded MK2,006,000 for pain, suffering and loss of amenities; claims for earnings and disfigurement denied.
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Personal injury — assessment of damages — pain and suffering — loss of amenities of life — disfigurement — loss of earnings and earning capacity — proof of special damages — restitutio in integrum — costs follow the event.
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21 October 2021 |
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Claimant awarded loss-of-bargain damages and substantial compound interest after defendant's wrongful forfeiture and unchallenged valuation.
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Property law — breach of contract and wrongful forfeiture of lease — measure of damages (loss of bargain) — acceptance of unchallenged valuation evidence — compound pre-judgment interest calculated at National Bank of Malawi lending rate.
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20 October 2021 |
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20 October 2021 |
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Claimant awarded MK4,960,854.40 for personal injuries and destroyed vehicle caused by defendant’s negligent driving.
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Assessment of damages — personal injury (pain and suffering, incapacitation, loss of amenities, disfigurement) — vehicle destroyed by fire — restitution in integrum — quantum determined by comparable local precedents — default judgment enforcement.
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20 October 2021 |
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Assessment of damages for police assault and false imprisonment; MK4,000,000 awarded plus costs.
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Police assault and false imprisonment — assessment of damages — medical evidence supporting injury — comparative authorities used to quantify award — exemplary damages not justified.
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20 October 2021 |
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Whether the applicant's mental illness was caused by the accident and what damages are recoverable.
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Personal injury — causation of psychiatric/neuro-cognitive injury — assessment of damages for head and soft-tissue injuries — strict proof of special damages — effect of contributory negligence on quantum.
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19 October 2021 |
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Withholding court-martial records denied the claimants’ constitutional right to appeal and warranted compensatory damages.
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Constitutional law — right of appeal and access to courts — withholding of court-martial record — denial of appeal — damages for deprivation of appellate remedy; limitation and mitigation considerations; proof required for special damages.
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18 October 2021 |
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Customary land cannot be transferred without proper customary authority; respondent family’s ownership was upheld.
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Customary land — ownership and administration — transfers require customary authority of chiefs; civil burden of proof (balance of probabilities); appellate re-evaluation of credibility; validity of alleged sale to religious organization.
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14 October 2021 |
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Court holds family occupation and chief allocation prevail over later claimant's contradictory purchase claims.
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Customary land — ownership dispute — first occupation and allocation by village head/chief — credibility of oral evidence — absence of valid customary transfer to later claimant.
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14 October 2021 |
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Claimant awarded MK3,015,000 for personal injury: pain, disfigurement, and proven special damages.
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Personal injury — Assessment of damages — Pain and suffering and loss of amenities — Disfigurement and permanent incapacity — Special damages must be specifically pleaded and strictly proven — Restitutio in integrum and reliance on comparable awards.
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13 October 2021 |
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Claimants awarded MK5,000,000 for nuisance (noise/waste) and party-and-party costs.
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Nuisance — damages for inconvenience and injury to quietness — assessment factors: duration of disturbance, public authority acquiescence, mitigation — award of party-and-party costs.
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13 October 2021 |
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Whether police negligently shot an innocent civilian during crowd dispersal, breaching duty of care and constitutional rights.
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Police use of force — crowd dispersal — use of live ammunition — negligence and duty of care — Police Act limits on firearms (warning, necessity) — breach of constitutional rights to life, liberty and dignity — causation on balance of probabilities.
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13 October 2021 |
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Claimant awarded MK6,000,000 for dependency and life-expectancy losses following a fatal road accident.
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Damages — Assessment of quantum for loss of dependency and loss of expectation of life — Restitutio in integrum — Use of comparable authorities where deceased’s earnings not proved — Default judgment and assessment in absence of defendant.
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12 October 2021 |
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Court held death penalty discretionary and imposed 30 years (26 years after remand credit) for a premeditated murder.
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Criminal law — Murder — Sentencing discretion; mandatory death penalty no longer applicable — Mitigating factors (first offender; guilty plea) versus aggravating factors (premeditation; weapon) — Fixed term sentence with remand credit.
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12 October 2021 |
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Conviction for defilement affirmed despite charging irregularity pointing to incest; 20-year sentence upheld as appropriate.
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Criminal law — Defilement v
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Incest — charging irregularity where victim is accused's child — requirement of DPP sanction for incest (s160) — curability of defects under s3 Criminal Procedure and Evidence Code — sentencing discretion; aggravating factors including victim pregnancy and parent-child relationship
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12 October 2021 |
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Whether the respondent validly cancelled an LPO without one-week written notice where time was of the essence and the claimant relied on it.
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Contract law — formation by LPO — time of the essence — delivery schedule and budgetary deadline — termination clause requiring one-week written notice — unlawful cancellation and reliance damages.
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12 October 2021 |
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Claimants failed to show a legitimate expectation or unlawful process in exclusion from graduation or the virtual graduation decision.
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Administrative law — judicial review — limits of reviewing merits — legitimate expectation to graduate — procedural fairness — Wednesbury unreasonableness — Public Health Rules 2020 limiting gatherings — university discretion to determine graduands and mode of congregation.
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12 October 2021 |
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Claimants failed to show procedural unfairness or entitlement; virtual graduation and exclusion of pending-supplementary students were lawful.
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Administrative law — judicial review — procedural fairness and legitimate expectation; University graduation scheduling — exclusion of students pending supplementary exams; Public Health Rules 2020 — virtual ceremonies justified by pandemic restrictions; limits of judicial review (process vs merits).
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12 October 2021 |
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Recent possession plus a corroborated confession justified burglary and theft convictions; sentences confirmed despite informal reference to prior convictions.
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Criminal law — recent possession of stolen property and confession as corroborative pointers — admissibility and weight of caution statements — alternate verdict of receiving — sentencing and use of prior convictions.
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11 October 2021 |