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Review of Judgment

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7 documents
Bushiri & Bushiri v Republic of South Africa (Criminal Review Case 5 of 2025) [2025] MWHCCrim 1 (31 October 2025)
High Court set aside committal for extradition due to procedural unfairness, evidentiary defects, improper authentication, and safety concerns for applicants.
  • Extradition — procedural fairness — right to be heard; adequacy of judicial reasons; authentication of extradition documents; hearsay and admissibility; linkage between ATP, warrants and charges; specialty and statutory compliance; consideration of safety, delay and bad faith.
Judgment 31 October 2025
Determination On An Inquiry In The Matter of Alegations of Failure To Follow Procedures & Irregularities In The Process of Shortlisting & Interviewing of Mr. Oscar Taulo & Mr. Hillary Chilomba For The Position of Director of The Anti-Corruption Bureau
Document 24 January 2025
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.
Judgment 1 November 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.
Judgment 30 September 2024
S ( on the application of Kayange, Mkandawire & Tchuwa) v Assistant Registrar of the High Court of Malawi (13 of 2024) [2024] MWHC 55 (12 August 2024)
Registrar’s refusal to issue admission petitions was a judicial act; appeal, not judicial review, was the appropriate remedy.
  • Judicial review — Registrar's refusal to issue court documents — issuance as a judicial function requiring application of judicial mind — decisions of Registrar exercising judicial functions not amenable to judicial review — alternative remedy by appeal — exhaustion of remedies.
Judgment 12 August 2024
Mtilosanje and 3 Others v R (MSCA Criminal Appeal 10 of 2020) [2021] MWHC 403 (28 July 2021)
DPP’s appeal dismissed: prosecution failed to establish cause of death or nexus, so no case to answer.
  • Criminal law — case to answer — prima facie case; murder — causation, nexus and malice aforethought; circumstantial evidence and doctrine of last seen; admissibility and weight of expert and post-mortem evidence; delegation of prosecutorial power; requirements for notice of appeal.
Judgment 28 July 2021
R v Abdullah & 8 others (Criminal Case 4 of 2017) [2019] MWHCCrim 6 (2 August 2019)
Discharge for statutory delay refused where felonies and misdemeanours formed part of the same series; s.302A inapplicable.
  • Criminal procedure — s.302A CP&EC (time limits for trial) — s.261 CP&EC — s.127 CP&EC (charging felonies and misdemeanours together) — attribution of delay — discharge for delay refused.
Judgment 2 August 2019