Costs – MalawiLII

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8 documents

Title	Date
Kadzamira v Sub Traditional Authority Kawere & 3 Others v Attorney General( Ministry of Lands) (Civil Cause 373 of 2020) [2025] MWHCCiv 15 (30 December 2025) The claimant’s late-registered lease was void; earlier registered lease prevails and the trespass claim is dismissed. Deeds Registration Act – mandatory registration period; late registration renders instrument void – priority of registration under s.8 Trespass – possessory tort; possession ordinarily sufficient but yields to superior registered title. Nemo dat quod non habet – unregistered surrender ineffective; re-grant by minister invalid if prior lease subsists. Res judicata – default judicial review judgment not a merits-based bar; identity of parties and merits required Limitation – bars affirmative claims but does not preclude defendants relying on historical title defensively Relief – interlocutory injunction vacated; court-directed survey to demarcate customary land boundaries	Judgment	30 December 2025
Mia v Malola & Malawi Electoral Commision (Election Petition 58 of 2025) [2025] MWHC 24 (11 November 2025) Section 100 petition confined to Commission‑decided complaints; one unsigned result sheet found but did not affect election, petition dismissed. Election law – Section 100 appeal limited to matters decided by the Commission; scope of election petitions; irregularity defined as non‑compliance with the Act; presiding officer’s signature mandatory on result sheets; criminal electoral offences (handouts, unlawful campaigning) are for criminal process and require conviction before affecting election outcome; burden of proof on petitioner on balance of probabilities.	Judgment	11 November 2025
Telecom Networks Malawi Plc v Chidzanja & 46 Others (MSCA Miscellaneous Civil Application 31 of 2024) [2024] MWHCCiv 25 (30 October 2024) Court continued stay of execution pending appeal, dismissed disclosure application as otiose, and ordered parties to agree arrangements within 28 days. Civil procedure – stay of execution pending appeal – discretion guided by interests of justice; disclosure/production of financial documents – otiose and irrelevant where stay already granted; interlocutory directions to agree arrangements.	Judgment	30 October 2024
Gausi v A.G. (Civil Cause 123 of 2015) [2018] MWHC 970 (20 July 2018) Occupier of customary land entitled to compensation for loss of use and destroyed crops following State taking. Land law – Customary land vested in the President – Occupier's entitlement to disturbance/compensation – Non-retroactivity of statutes – Assessment of damages for loss of use and destroyed crops.	Judgment	20 July 2018
Mukakama & Ors. v Engil & Ors. (Civil Cause 268 of 2015) [2018] MWHC 34 (23 April 2018) Plaintiffs' claims for road‑works damage dismissed: negligence not proven and claim against authority statute‑barred. Limitation Act – joinder after expiry of limitation period; negligence – duty of care to properties near road works; res ipsa loquitur inapplicable where cause known; pleadings limit issues (waiver must be pleaded).	Judgment	23 April 2018
Minister of Natural Resources & Environmental Affairs v Saner (MSCA Civil Appeal No. 70 of 2016) [2016] MWSC 153 (27 October 2016)	Judgment	27 October 2016
Ernest v Farmers World Limited (None) [2016] MWHC 554 (13 June 2016)	Judgment	13 June 2016
Alimahomed v Peter (MSCA Civil Cause 2 of 1984) [1986] MWHC 32 (1 December 1986) High Court reviewed and reduced a Taxing Master’s increased taxation of a solicitor-and-own-client bill, fixing K6,384.20. Taxation of costs – Review of Taxing Master’s decision – Solicitor-and-own-client bill – Discretionary awards – Requirement for reasons when varying prior taxation – Admissibility of original bill as a guide.	Judgment	1 December 1986