Land – MalawiLII

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8 documents

Title	Date
Exploits University v Guojun & Sambiri (Civil Cause 389 of 2020) [2025] MWHCCiv 2 (29 January 2025) Claim dismissed with costs for failure to comply with trial directions and an incompetent adjournment request. Adjournment applications — competence and supporting evidence; failure to comply with trial directions; failure to prosecute; court’s discretion to grant adjournments; dismissal with costs.	Judgment	29 January 2025
Alisen v Mseka & Majavina (Commercial Case 111 of 2016) [2025] MWCommC 1 (27 January 2025)	Judgment	27 January 2025
Hathiramani, Hathiramani & Jal v The Attorney General (846 of 2010) [2024] MWHCCiv 19 (5 November 2024) Court escalated the 1981 compensation for the applicant's compulsorily acquired land to MK20,000,000 and denied aggravated damages. Land Acquisition Act (as in force at acquisition) – assessment of fair compensation – section 10 factors (consideration paid, improvements, appreciation) – valuation methodology and escalation of historic award – post-acquisition change of land use not to be used to increase historic compensation – aggravated/exemplary damages against State – requirements; loss-of-opportunity claim not entertained if unpleaded.	Judgment	5 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
Kanjere v Patel & Chizizi (37 of 2023) [2024] MWHCCiv 15 (11 October 2024) A summons signed by a firm rather than a named legal practitioner is a nullity and must be struck out. Civil procedure — signature requirements for originating processes — Order 5 r3 & Order 7 r1(h) CPR; Legal Education and Legal Practitioners Act — definition of 'legal practitioner' as natural person on the Roll; firm name not a legal practitioner; originating process signed by firm is nullity and incurable.	Judgment	11 October 2024
Kuweruza v Kampaundi (Civil Appeal 116 of 2016) [2024] MWHC 20 (18 March 2024) Appellate court found the purported will invalid, held customary law must be proved under section 64, and restored land to the appellant and siblings. Succession and customary land – validity of will under DEWIPA – DEWIPA prevails over customary law on inheritance – customary law is a question of fact requiring proof under section 64 Courts Act – proof required before land can be treated as attached to chieftaincy – Magistrate court jurisdiction and remedies for property loss.	Judgment	18 March 2024
Tung'ande v Chidwala, Thengele & Emily (Miscellaneous Civil Cause 87 of 2021) [2024] MWHC 64 (27 January 2024)	Judgment	27 January 2024
Ngwira & Chiumia v Ngwira (MSCA Civil Appeal 16 of 2020) [2021] MWHCCiv 215 (23 June 2021) Whether striking out a defence at mandatory mediation was a proportionate sanction and whether mediation confidentiality was breached. Civil procedure — mandatory mediation — Order 13 r.6 CPR (2017) — striking out defence for non-attendance — proportionality of sanction; mediation confidentiality — Order 13 r.7 — use of mediation materials in substantive orders; case management discretion — appellate review; restoration and costs as remedies.	Judgment	23 June 2021