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All courts - 2024 September

12 judgments
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12 judgments
September 2024
Chirwa & 21 Others v The Attorney General (Miscellaneous Civil Application 46 of 2024) [2024] MWHCCiv 24 (30 September 2024)
Applicant granted leave to appeal out of time; time enlarged seven days; no order for costs.
  • Civil procedure — leave to appeal out of time — enlargement of time — requirement of good and substantial reasons — prima facie merits of proposed grounds — undue delay.
30 September 2024
Chirwa v The Attorney General (Miscellaneous Civil Application 46 of 2024) [2024] MWHCCiv 23 (30 September 2024)
Applicant granted seven-day enlargement and leave to appeal out of time after showing good and substantial reasons and prima facie merit.
  • Civil procedure — enlargement of time for appeal — leave to appeal out of time — requirement of good and substantial reasons — prima facie merits of proposed grounds — undue delay — discretionary relief (NBS Bank Ltd v R.J. Hamdani)
30 September 2024
State (on the Application of Kazembe t/a Mackenzie and Patricks Associates) v Malawi Law Society (Judicial Review Cause 21 of 2024) [2024] MWHCCiv 8 (30 September 2024)
Application for permission to judicially review a disciplinary recommendation was dismissed as statute-barred under the Act.
  • Judicial review — statutory limitation under section 96(3) LELPA — 30-day period mandatory and not extendable — permission refused as statute-barred; interim stay/injunction not granted as application dismissed.
30 September 2024
CHD Investments Bank v FN Investments and 2 Others (Commercial Cause 259 of 2017) [2024] MWHC 44 (23 September 2024)
Summary judgment refused where triable disputes exist about authority, acknowledgment of assignment, and alleged fraud.
  • Civil procedure — Summary judgment (Order 12 r.23–27 CPR 2017) — Assignment of proceeds as security — Agency and authority to bind third parties — Alleged fraud/inducement — Existence of triable factual disputes.
23 September 2024
Banda v Blantyre Baptist Holdings Limited (Land Cause 121 of 2016) [2024] MWHCCiv 7 (19 September 2024)
An assessment of damages is part of the High Court's judgment and cannot be reheard by the same court; appeal and stay are the proper remedies.
  • Civil procedure — assessment of damages — assessment by Registrar forms part of judgment — assessment cannot be reheard by same High Court — remedy is appeal (stay pending appeal), not rehearing; Order 2 r 3(f), Order 10 r 1; Order 31 r 17 limited to costs review; Third Party Debt proceedings.
19 September 2024
Bilderberg v R (Miscellaneous Criminal Application 3 of 2024) [2024] MWHC 69 (17 September 2024)
Court refused to forfeit a bonded motor vehicle for late passport surrender, applying substantial justice and not punishing counsel‑caused delay.
  • Bail conditions — bonded property — forfeiture for non‑compliance; substantial justice over technicality; liability for counsel’s procedural failures; exercise of judicial leniency.
17 September 2024
R v Chizizira and Another (Criminal Case 104 of 2011) [2024] MWHCCrim 7 (16 September 2024)
Convicted murderer sentenced to 36 years after balancing premeditation and weapon-use aggravation against mitigation and procedural failures.
  • Criminal law — Murder sentencing — section 321J pre-sentence submissions — mitigation and aggravation — premeditation and use of weapon — backdating sentence to date of arrest — caseflow management and counsel misconduct.
16 September 2024
Malemia t/a Romwafo Investments v Premier Automobile and Equipments Limited (Commercial Case 295 of 2021) [2024] MWHC 45 (13 September 2024)
Emails revised the payment schedule but did not waive the contract expiry; repossession under Clause 14.2 was lawful and claimant's claim dismissed.
  • Contract — Hire-purchase — Variation and waiver of payment terms by conduct and correspondence — Waiver by estoppel vs election — Repossession under contractual clause after default — Requirement to plead alleged breach/fraud and prove loss.
13 September 2024
The Registered Trustees of Annie's Lodge and Another v Fatchi (Commercial Cause 17 of 2024) [2024] MWHC 49 (5 September 2024)
Interlocutory injunction perpetuated where dispute exists whether respondent exceeded power of sale and damages would be inadequate.
  • Interlocutory injunctions — American Cyanamid principles — serious question to be tried; adequacy of damages — perishable and depreciating business assets; power of sale under power of attorney; preservation of status quo; defendant’s retention as party despite transfer/registration.
5 September 2024
Afrimax Limited v Datacom Limited and Another (Commercial Case 151 of 2021) [2024] MWHC 46 (3 September 2024)
Court refused to dismiss for want of prosecution and ordered mediation, citing court-attributable delay.
  • Civil procedure — dismissal for want of prosecution — court’s inherent jurisdiction — undue delay partly caused by court’s failure to fix mediation date — order for mediation instead of dismissal; no order as to costs.
3 September 2024
Agrofund International Limited and 3 Others v FDH Bank PLC (Commercial Cause 191 of 2023) [2024] MWHC 47 (3 September 2024)
Whether to discharge an interlocutory injunction and summarily dismiss a bank’s power-of-sale claim amid disputed loan figures and unregistered charges.
  • Interlocutory injunctions — American Cyanamid test — serious question to be tried; adequacy of damages; balance of convenience. Power of sale — Registered Land Act — requirement to register subsequent charges; effect of failure to register. Equitable mortgage by deposit of title deeds. Duty to provide full statement of account and reconciliation. Summary disposal — no arguable case threshold
3 September 2024
Mponda t/a Everest Printing Press v National Bank of Malawi Nominees Limited and Another (Commercial Cause 352 of 2021) [2024] MWHC 48 (3 September 2024)
Claimant in rent arrears; landlord’s seizure (distress) and sealing lawful; claimant’s tort and excess‑distress claims fail.
  • Landlord and tenant — rent arrears — distress for rent — right to distrain by landlord or authorised officers without warrant — sealing of premises and re‑entry under lease — excess distress and damage — force majeure (COVID‑19) not available absent clause — false imprisonment and defamation not proved — counterclaim barred while distress subsists.
3 September 2024