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Declaratory Relief

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Kasambala & Ors. v Ngozo (Civil Cause 1427 of 2015) [2017] MWHC 835 (1 July 2017) General Interpretation Act preserves repealed law and subsidiary Rules, so the Rules of the Supreme Court remain operative and the preliminary objection is dismissed. Statutory interpretation — Courts (Amendment) Act 2016 — General Interpretation Act (ss.13, 14(1)) — effect of repeal on subsidiary legislation — Rules of Supreme Court remain operative — summary judgment procedure preserved.		Judgment	1 July 2017
Mwalilino v S (Criminal Appeal 3 of 2015) [2017] MWHC 71 (3 April 2017) Appellate court upheld conviction and concurrent sentences based on recent possession and an unreasonable explanation. Criminal law — burglary and armed robbery — doctrine of recent possession — possession of stolen property shortly after theft — burden and standard of proof — appellate restraint on sentence interference; concurrent sentences.		Judgment	3 April 2017
Kabaghe & Ors. v Registered Trustees of the Seventh Day Adventist Church & Anor. (None) [2016] MWHC 460 (8 February 2016) Plaintiffs' claim to customary land dismissed for lack of evidence; lease process found not irregular; costs awarded. Land Law — Customary Land — Communal use, chiefs’ authority to authorize occupation — Land Act ss 2,25,26 Civil Procedure — Possession Proceedings — Originating summons under RSC Order 113/Order 5 — Requirement to prove title or right to occupation		Judgment	8 February 2016
Nigrisoli & Anor. v Illomba Granite Company Ltd & Ors. (Civil Cause 1111 of 2005) [2008] MWSC 194 (3 November 2008) Court held parties agreed only to grant use of the mining licence, not its transfer; plaintiffs' claim dismissed, counterclaim granted. Mines and Minerals — mining licence: 'use' v transfer; contract interpretation — objective approach and surrounding background; agency — licence-holder may use agents (s.43); royalties — contractual obligation and counterclaim; plaintiffs failed to prove breach or loss.		Judgment	3 November 2008
Dwangwa Cane Growers Trust v Chisangwala Henry (Civil Cause 2127 of 2007) [2007] MWSC 132 (2 December 2007) Government may excavate for irrigation on customary land; surface rights remain and compensation is payable for damage. Land Law — Customary Land — Extent of Rights (Surface Use Only) — Land Act s26 Property/Development — Infrastructure on Customary Land — Authority To Excavate And Lay Pipes — Duty To Refill And Compensate		Judgment	2 December 2007
Kamuzu (Administrator of Deceased Estate) v Attorney General (Civil Cause No. 1839(A) of 1997) [2004] MWSC 3 (10 January 2004) Customary land rights are constitutionally protected; eviction requires statutory expropriation procedures and compensation; injunction granted. Customary land — constitutional protection of property rights — expropriation requires public utility, notice and compensation — Land Act and Land Acquisition Act procedural compliance — Environment Management Act grants locus standi to 'any person' — injunction to prevent environmental degradation		Judgment	10 January 2004