African customary law and rights of indigenous peoples

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6 documents

Title	Date
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) A GVH allocation and open development confer permanent usage rights where the owner delays asserting rights. Customary land – communal ownership – chiefs’ authority to authorize use and occupation – allocation by Group Village Headman – laches/sitting on rights – permanent rights of usage and occupation	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
Kabaghe & Ors. v Registered Trustees of the Seventh Day Adventist Church & Anor. (None) [2016] MWHC 460 (8 February 2016) Applicants failed to prove customary entitlement; court found land belonged to respondent and dismissed claim with costs. Customary land – communal tenure; burden of proof on claimant; RSC Order 113 possession proceedings; Land Act (ss.25,26,30,40) – chiefs’ role and consultation in lease processing; evidentiary weight of chiefs’ agreement and administrative endorsements	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