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All courts - 2024 November

13 judgments
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13 judgments
November 2024
Almeida v Almeida (18 of 2024) [2024] MWHCFam 3 (29 November 2024)
Leave to appeal denied to avoid piecemeal, inchoate appeals and to expedite resolution of child custody and relocation issues.
  • Appeal — leave to appeal — requirement under s.21 Supreme Court of Appeal Act; Inchoate appeals — prohibition on piecemeal appeals; Case management — expediency in child custody disputes; Jurisdiction — relocation application to Chief Resident Magistrate (Centre); Costs — each party to bear own costs.
29 November 2024
Southern Bottlers v Maulisu (MSCA Civil Appeal 31 of 2016) [2024] MWHCCiv 26 (29 November 2024)
Appeal dismissed for inordinate delay and failure to prosecute; missing-file excuse was unsubstantiated hearsay.
  • Civil procedure — dismissal for want of prosecution — Order III r.9 (record of appeal) — Practice Direction No 1 of 2010 (skeleton arguments) — missing court file allegation — hearsay — failure to prosecute — costs.
29 November 2024
Masiyano v In The Matter of The Legal Education & Legal Practitioners Act (59 of 2024) [2024] MWHCCiv 17 (26 November 2024)
Assistant Registrar recused from processing an admission petition after finding the petitioner’s grades may not meet constitutional and regulatory minimum education standards.
  • Legal education — admission to practice — assessment and recognition of foreign law degrees — requirement that private and foreign qualifications meet standards not inferior to public universities — constitutional s.25(3)(b) and regulatory minimum standards — recusal where court officer forms prejudicial views.
26 November 2024
Puma Fuels Ltd Attorney General & Ministry of Finance & Economic Affairs v Total MW Ltd & Total Ltd (259 of 2019) [2024] MWCommC 5 (26 November 2024)
Whether a High Court may lift a stay after arbitration termination and grant leave to appeal with a stay pending appeal.
  • Arbitration law — lifting stay of proceedings after arbitration termination — leave to appeal against interlocutory Ruling — stay pending appeal; procedural compliance with leave-to-appeal rules; commercial efficacy and overriding objective.
26 November 2024
ETG Inputs LTD v Chirombo & Beleko (Cause Numbers 69 & 936 of 2024) [2024] MWHCCiv 16 (21 November 2024)
High Court set aside magistrate’s judgment for lack of jurisdiction and ordered respondents to repay sums obtained; costs ordered against respondents’ counsel.
  • Civil procedure — Jurisdiction of subordinate courts — Cause of action arising in another district — Proceedings and judgments without jurisdiction are null and void — High Court power to set aside subordinate court judgments — Third-party debt/attachment orders — Costs and remedies against counsel.
21 November 2024
R v Uzioigwe (Case No. 03 of 2024 (Being criminal case No. 05 of 2024)) [2024] MWHC 61 (20 November 2024)
Whether seized foreign currency should be forfeited where a businessperson hid funds and used a fake receipt, outweighing mitigating circumstances.
  • Exchange control — Regulation 36(1) discretionary forfeiture of foreign currency — judicial exercise of discretion — aggravating factors (large sum, concealment, forged receipt, business person) v. mitigating factors (first offender, plea, alleged hardship) — precedents: Kamanga; Zheng Yan; Henry Kopa; Ashraf Bdallal El Ali — requirement to hear accused in opposition to forfeiture.
20 November 2024
R v Mbawu (Being Criminal Case 374 of 2024 at Mchinji Magistrate's Court) [2024] MWHCCrim 8 (19 November 2024)
High Court set aside arbitrarily imposed fines for forestry offences, requiring means test and reducing custodial sentences.
  • Forestry offences — sentencing — fines and default imprisonment — mandatory means test — application of Fines (Conversions) Act — first offender principles — s340(1) Criminal Procedure and Evidence Code — supervisory confirmation review.
19 November 2024
Hussein v Imperial Motors Limited t/a Nissan Malawi (IRC MATTER NUMBER 1009 OF 2022) [2024] MWIRC 18 (15 November 2024)
Applicant’s dismissal declared substantively and procedurally unfair; employer breached fair labour practices.
  • Labour Law
    • — Dismissal — Substantive and procedural fairness
    • — Disciplinary procedure — Impartiality, notice and right to present evidence
  • Constitutional Law — Fair labour practices — Section 31 of the Constitution
15 November 2024
Zuze v Castel Malawi Brewery Limited (IRC MATTER 916 of 2020) [2024] MWIRC 13 (12 November 2024)
Dismissal procedurally and substantively unfair; unfair labour practice established, but wage discrimination not proven.
  • Labour Law
    • — Dismissal — Procedural and substantive fairness in disciplinary proceedings
    • — Unfair labour practice — Improper internal appeal procedure and non‑production of material evidence
    • — Remuneration — Alleged wage discrimination justified by performance‑based promotion
12 November 2024
Mafuta v Ganda (IRC MATTER NUMBER 50 OF 2019) [2024] MWIRC 19 (11 November 2024)
The applicant awarded additional overtime after flat-rate allowance was absorbed by a minimum wage increase; leave claim denied.
  • Employment Law — Compensation for unfair dismissal and statutory entitlements — Effect of minimum wage revision on flat-rate overtime allowances
11 November 2024
Chitaya & 3 others v Chitaya & 5 others (Probate Cause 144 of 2007) [2024] MWHCCiv 21 (6 November 2024)
6 November 2024
Hathiramani, Hathiramani & Jal v The Attorney General (846 of 2010) [2024] MWHCCiv 19 (5 November 2024)
Court escalated the 1981 compensation for the applicant's compulsorily acquired land to MK20,000,000 and denied aggravated damages.
  • Land Acquisition Act (as in force at acquisition) — assessment of fair compensation — section 10 factors (consideration paid, improvements, appreciation) — valuation methodology and escalation of historic award — post-acquisition change of land use not to be used to increase historic compensation — aggravated/exemplary damages against State — requirements; loss-of-opportunity claim not entertained if unpleaded.
5 November 2024
Wandawanda v Standard Bank PLC (IRC MATTER 752 of 2020) [2024] MWIRC 11 (1 November 2024)
Employer breached its redundancy policy and failed to meaningfully consult, rendering the dismissal unfair and attracting compensation.
  • Employment law — redundancy and retrenchment — s.57(1) Employment Act — duty to consult where employer’s terms/policy require it — relevance of ILO Termination of Employment Convention No.158 and Ministry of Labour guidelines — procedural fairness, meaningful consultation and use of proper evidence — unfair dismissal and compensation.
1 November 2024