Skip to document content Skip to main menu Skip to search

Human and environmental rights

7 documents
Advanced search
Filters
Skip to results
Human and environmental rights
7 documents
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
Mbughi v Ghambi (Civil Appeal 34 of 2014) [2017] MWHC 143 (24 October 2017)
Respondent’s long delay allowed the appellant to acquire permanent usage rights to customary land allocated by the chief.
  • Land Law
    • — Customary Land — Allocation and Right of Use and Occupation — Validity of chief’s allocation under Land Act ss 2, 25 and 26
    • — Evidence and Delay — Laches/Sitting on Rights — Delay in asserting customary land rights may defeat later claim if land was lawfully allocated and openly developed
Judgment 24 October 2017
Mkandawire & Anor. v Tropha Estate Limited & Anor. (Civil Cause 142 of 2017) [2017] MWHC 819 (11 September 2017)
Mediator found the proposed pump site within road-reserve/buffer-zone intersection; construction confined there not violating plaintiffs' customary rights.
  • Land law — customary land v public land — road reserve and river buffer zone intersection — Waterworks Act s.6 — entitlement to injunctive relief where works extend onto customary land.
Judgment 11 September 2017
Tekwatekwa v Butao (Civil Appeal 50 of 2013) [2017] MWHC 75 (1 June 2017)
Appellate court upheld lower court's credibility finding in a customary land dispute and dismissed the appeal with costs.
  • Customary land — communal ownership — chiefs’ power to authorize use under Land Act ss.25–26 — limits of chiefs’ authority — allocation vs individual title; civil proof on balance of probabilities; credibility findings on customary land disputes; relationship between Traditional Authority determinations and court jurisdiction.
Judgment 1 June 2017
S v Lilongwe Water Board and Others ; Ex Parte: Malawi Law Society (Judicial Review 16 of 2017) [2017] MWHC 135 (21 April 2017)
Whether the applicant may challenge project implementation without an EIA and secure state-held project documents under the right to information.
  • Administrative Law — Judicial Review — Leave to apply for judicial review; standing and arguable case
  • Environmental Law — Environmental Impact Assessment — Requirement to conduct EIA and obtain approval before implementation — Environment Management Act s24; Specified Projects Notice (1998)
  • Constitutional Law — Right of Access to Information — State-held documents — Constitution s37 — Disclosure ordered
Judgment 21 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
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