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Malawi decisions
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Quick Invest Limited v Phiri (Miscellaneous Case 99 of 2022) [2023] MWHC 54 (15 September 2023)
The High Court refused to order possession of land to enforce a consent judgment, finding the claimant had not proved the defendant owned the land.
Quick Investment Limited v Phiri (MISC Civil Application 99 of 2022) [2023] MWHC 90 (15 September 2023)
The High Court refused to order possession of land to enforce a consent judgment, finding the claimant had not proved the defendant owned the land.
Zapamwamba Investment v Daza (Commercial Cause 12 of 2023) [2023] MWHC 76 (4 September 2023)
The summons was not personally served on the defendant as required by the rules, thus the default judgment must be set aside.
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The High Court held that this customary land dispute should have been started in the statutory land tribunal system and dismissed the action as filed in the wrong forum.
Lobi v Village Headman Kagwera (Land Cause 213 of 2022) [2023] MWHC 60 (1 September 2023)
The High Court is not mandated to deal with customary land disputes at first instance under the Customary Land Act, 2016. The absence or non-establishment of the required tribunals does not confer original jurisdiction on the High Court. The action was commenced in the wrong forum and must be dismissed for being prematurely brought to the High Court contrary to the express provisions of the Act.
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The High Court dismissed an injunction and declaratory applications because they were brought without a substantive proceeding already commenced, and ordered costs for the Defendants.
Anglican Diocese of Upper Shire and 4 Others v Church of Province of Central Africa and Another (Civil Cause 328 of 2022) [2023] MWHC 107 (31 August 2023)
The High Court dismissed applications for an interlocutory injunction and declaratory orders in an Anglican church dispute, finding the proceedings were not properly commenced.
Singini v Attorney General (Civil Cause 336 of 2020) [2023] MWHCCiv 29 (30 August 2023)
The court granted the claimant a default judgment for allocation of alternative land because the defendant failed to file a defence within the prescribed period, and all procedural requirements for default judgment were met. The court declined to grant orders for government vacation of the land or a permanent injunction, as the land had been lawfully acquired and converted to public land by agreement, and public educational facilities had been constructed. The court also declined to order compensation or vary the agreement without hearing from the Regional Commissioner for Lands. Procedural i…
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In the Matter of the Estate of Dorothy Matimati Kumkwawa (Probate Cause 147 of 2023) [2023] MWHCFam 9 (25 August 2023)
High Court of Malawi granted a limited letter of administration to the widower alone, finding no legal need for two administrators where beneficiaries were adults.
S ( On application of Mpakani and Maganga ) v Director of the Anti-Corruption Bureau (Judicial Review Cause 6 of 2023) [2023] MWHC 41 (24 August 2023)
Leave for judicial review was refused in a challenge to ACB prosecution without DPP consent. The court held the amended law did not shown arguable unconstitutionality.
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