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Malawi decisions
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Mkandawire v Matete (Civil Cause 136 of 2017) [2023] MWHCCiv 30 (14 July 2023)
The High Court declined declarations of ownership and trespass over Plot P17, but held the claimant should receive damages for procedural irregularity in the land reallocation process.
Kadzipatike & Kamwera t/a KAM Building Contractors v Zhejiang Communications Contruction Group Company Limited (MSCA Misc. Application 29 of 2023) [2023] MWSC 22 (14 July 2023)
The Malawi Supreme Court of Appeal sustained a stay of execution pending appeal and granted leave to appeal in a commercial execution dispute.
Kadzipatike and Kamwera t/a KAM Building Contractors v Zhejiang Communications Construction Group Company Limited (Miscellaneous Civil Application 29 of 2023) [2023] MWSC 20 (14 July 2023)
The Supreme Court of Appeal of Malawi sustained a stay of execution pending appeal and granted leave to appeal, finding intervention was needed to avoid injustice.
Southern Bottlers LTD v Nissan Malawi/Imperial Motors LTD (Commercial Cause 157 of 2022) [2023] MWHC 56 (13 July 2023)
The High Court of Malawi struck out a commercial claim for want of prosecution after 12 months of inactivity, holding the delay inexcusable and prejudicial.
Capital Foods Limited v Mitumbira and 2 Others (Civil Appeal 25 of 2012) [2023] MWHC 130 (13 July 2023)
The lower court erred in law by awarding compensation up to retirement age and considering manner of dismissal as a factor, contrary to sections 63(4) and 63(5) of the Employment Act. Compensation must be based on years of service, not years remaining to retirement, and only factors expressly stated in the Act are relevant.
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Osman v Attorney General (Commercial Cause 79 of 2021) [2023] MWHC 52 (13 July 2023)
The court dismissed an application to vary default judgment and held that the interested parties had not proved adverse possession or good title to two properties.
R v Matemba (Criminal Cause 5 of 2023) [2023] MWHC 31 (11 July 2023)
The requirement for written consent of the DPP to prosecute under the Corrupt Practices Act, having been repealed before the accused was called to plead, does not apply to the present proceedings. The prosecution was not instituted until the accused was called to answer the charge after the amendment, and thus the requirement for consent is not applicable.
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Sardar v Bhayyat (Miscellaneous Civil Application 34 of 2023) [2023] MWSC 44 (10 July 2023)
The Supreme Court of Appeal dismissed applications for stay, leave to appeal, and extension of time because the applicant bypassed the High Court and failed to satisfy procedural requirements.
Maigwa v The registered Trustees of Tama Farmers Trust and 2 others (Civil Cause 79 of 2023) [2023] MWHCCiv 20 (10 July 2023)
High Court of Malawi Civil Division judgment in Maigwa v The registered Trustees of Tama Farmers Trust and 2 others, Civil Cause 79 of 2023, decided on 10 July 2023.
Sardar v Bhayyat (Miscellaneous Civil Application 34 of 2023) [2023] MWSC 15 (10 July 2023)
The applications were dismissed because the applicant failed to comply with mandatory procedural requirements by not first seeking relief in the High Court, rendering the applications before the Supreme Court of Appeal incompetent and fatally defective.
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