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Human exploitation of the environment

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Human exploitation of the environment
13 documents
Burgess v Celtel Malawi Ltd (Civil Cause 2020 of 2004) [2018] MWHC 1060 (26 September 2018)
Forestry licence did not justify respondent’s trespass onto the applicant’s land; nuisance claim lacked particulars and evidence.
  • Property law — Trespass to land — Rightful possession under a subsisting lease — Forestry licence insufficient to justify occupation; Nuisance — requires pleaded particulars and evidential proof.
Judgment 26 September 2018
Kapiye v Lapken & Anor. (Civil Appeal 102 of 2017) [2018] MWHC 1101 (23 July 2018)
Applicant failed to prove individual entitlement to customary land; trial findings upheld and appeal dismissed with costs.
  • Land law — Customary land — Communal ownership; chiefs’ power to authorize use under customary law — No individual title. Civil procedure — Burden and standard of proof: balance of probabilities
  • Evidence — deference to trial court findings
  • Appeals — abuse of process; dismissal with costs
Judgment 23 July 2018
Malisita & Ors. v Group Villiage Headman Sakhama (Civil Cause 66 of 2018) [2018] MWHC 752 (4 July 2018)
An interlocutory injunction was refused where the defendant’s actions were carried out pursuant to an existing court order.
  • Civil procedure — interlocutory injunctions — exceptional remedy; injunctions ordinarily not granted to restrain acts undertaken pursuant to an extant court order; customary land — Section 25 Land Act — sale of customary land may be void ab initio (relevant to triability).
Judgment 4 July 2018
Trustees, Blantyre Synod v Banda (Land Cause 64 of 2017) [2018] MWHC 720 (21 May 2018)
Court continued interlocutory injunction pending trial, finding serious triable issues and limitation defence premature.
  • Interlocutory injunction — preservation of status quo — American Cyanamid guidelines; Limitation Act — possession, re-entry and forfeiture; Adequacy of damages in land possession disputes; Serious issue to be tried — disputed facts on title and occupation.
Judgment 21 May 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
Kapanda v Misanjo (Civil Appeal 90 of 2015) [2018] MWHCCiv 10 (30 January 2018)
Appeal dismissed: lower court's adverse-possession finding upheld; inheritance statute inapplicable where not pleaded.
  • Land law — adverse possession — uninterrupted occupation and use for over 12 years — limitation statute; Civil procedure — evaluation of evidence and credibility; Pleadings — court confined to issues raised; Deceased Estates Act not applicable where inheritance not pleaded.
Judgment 30 January 2018
Mulipa v Mr and Mrs Bibiyani and Other Unknown (Land Cause 105 of 2016) [2017] MWHC 119 (22 May 2017)
Interlocutory injunction continued to protect asserted use-and-occupation rights in customary land pending resolution of disputed authority and jurisdiction.
  • Customary land — rights to use and occupy (distinct from registered title) — interlocutory injunction — adequacy of damages — balance of convenience — authority of seller and jurisdiction of chief to witness customary land transaction.
Judgment 22 May 2017
Mberenga v Destone Germany aka Group Village Headman Mberenga & Ors. (Land Cause 199 of 2016) [2016] MWHC 655 (12 December 2016)
Court continued interlocutory injunction to preserve land pending trial because damages are inadequate and balance of convenience favoured plaintiff.
  • Civil Procedure — Interim Relief — Interlocutory injunction — Preservation of status quo in land disputes — Application of American Cyanamid principles
Judgment 12 December 2016
Ernest v Farmers World Limited (None) [2016] MWHC 554 (13 June 2016)
Judgment 13 June 2016
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
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
Bwanali v Lilongwe City Assembly & Ors. (66 of 2007) [2004] MWSC 88 (23 August 2004)
Delay after an ex parte interim order and genuine disputes over title made mandatory interlocutory relief inappropriate.
  • Interlocutory injunctions — ex parte interim relief and subsequent delay — mandatory interlocutory injunctions exercised with caution — balance of convenience — competing title/regularization disputes — adequacy of damages.
Judgment 23 August 2004
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