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4 documents
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Chaoloka v The Attorney General (Ministre of Finance & Economic Affairs) (IRC MATTER 1294 of 2022) [2025] MWHC 5 (3 February 2025)
Failure to serve the mandatory pre‑suit notice and the time‑barred nature of the dispute rendered the applicants’ claim and motion a nullity.
Civil procedure – pre‑suit notice mandatory under Civil Procedure (Suits By and Against Government) Act s4 – non‑compliance renders action a nullity; administrative law – challenges to Ministerial implementation of statutory pension scheme are matters for judicial review; limitation – three‑month rule for judicial review; declaratory relief cannot circumvent pre‑suit notice requirement.
Judgment
3 February 2025
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.
Judgment
29 November 2024
M'bwana & Chingomanje v The District Commissioner of Salima & Persons Unknown (Being Land Cause No. 100 of 2024 and Judicial Review No. 26 of 2024) [2024] MWHCCiv 12 (27 October 2024)
Registrar rejected duplicate originating proceedings as an abuse of process and improper filing at the wrong registry.
Registrar's power to reject documents — abuse of court process by duplicative filings (summons and judicial review) — improper forum/registry — Order 5 rules 10–13; Order 6 r9; Courts Act s3 and s6A(2).
Judgment
27 October 2024
Anchor Industries Ltd v Curtis (Miscellaneous Civil Cause No. 92 of 2022 (Being IRC Matter No. 463 of 2017)) [2024] MWHCCiv 20 (11 October 2024)
An appeal can be struck out for inordinate delay where the appellant fails to ensure timely preparation of the record of appeal.
Civil procedure – Appeal – Want of prosecution – Delay in preparation of record of appeal – Duties of appellant and court under procedural rules – Inherent jurisdiction to strike out appeal – Suspension of enforcement vacated – Costs under s72 Labour Relations Act
Judgment
11 October 2024
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