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Malawi decisions
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State v The Minister of Home Land Security and 1 other (Miscellaneous Civil Application 38 of 2023) [2023] MWSC 24 (4 July 2023)
The Supreme Court of Appeal refused ex parte relief to stop deportation, holding the High Court had properly directed that the application be heard inter partes.
S v Minister of Homeland Security and Chief Immigration Officer (Miscellaneous Civil Application 38 of 2023) [2023] MWSC 16 (4 July 2023)
The Supreme Court of Appeal refused an ex parte application to block deportation, holding the High Court was entitled to hear the judicial review request inter partes first.
John and Another v Attorney General (Personal Injury Cause 228 of 2022) [2023] MWHCCiv 25 (4 July 2023)
The High Court of Malawi assessed damages after default judgment, awarding compensation for loss of expectation of life, loss of dependency, special damages, and costs.
S v Minister of Homeland Security & Chief Immigration Officer (Ex Parte Joseph Nsabimana) (33 of 2023) [2023] MWHCCiv 42 (4 July 2023)
The application is premature and incompetent as the lower court has not yet determined the applicant’s application. The judge in the lower court acted within his discretion to hear the matter inter partes, and there is no basis for this Court to interfere or grant the orders sought.
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R v Dr Chilima (Criminal Case 10 of 2023) [2023] MWHC 30 (3 July 2023)
High Court ruling in a criminal case against Dr Saulos Chilima on pre-plea procedure, ordering more time for defence preparation and disclosure of evidence.
Chipantha & Msika v Attorney General (Ministry of Health) (Civil Cause 144 of 2021) [2023] MWHCCiv 16 (28 June 2023)
Assessment of damages after default judgment in a medical negligence case involving a retained surgical pack. The court awarded substantial compensation to both claimants and costs.
Sichone v Chilango and Another (Land Cause 44 of 2022) [2023] MWHCCiv 35 (26 June 2023)
The High Court dismissed a land claimant’s injunction application and struck out the suit, holding that customary land disputes fall within appellate, not original, jurisdiction.
Female Sex Workers Association v Registered Trustees of Youth Network and Counselling (409 of 2022) [2023] MWHC 43 (23 June 2023)
The High Court of Malawi varied an injunction over a CDC-funded project, allowing limited implementation but restraining the claimant’s component and $400,000.
Sangala v Sabadia (Land Cause 65 of 2018) [2023] MWHC 101 (23 June 2023)
On assessment of damages after summary judgment, the High Court awarded the claimant MWK 40 million for plot LK 1173, MWK 10 million general damages, and costs.
Female Sex Workers Association v Registered Trustees of Youth Network & Counselling (Civil Cause 409 of 2022) [2023] MWHC 68 (23 June 2023)
The High Court of Malawi varied an injunction in a project-funding dispute, allowing implementation to proceed with available funds while protecting the claimant’s disputed project component.
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