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Malawi decisions
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Registered Trustee of Nyungwe girls catholic secondary school v Mombe and 1 other (IRC Civil Appeal 2 of 2023) [2023] MWHC 100 (22 June 2023)
High Court of Malawi decision in a civil appeal involving the Registered Trustee of Nyungwe Girls Catholic Secondary School and Mombe and another.
R v Sumbuleta (Criminal Case 4 of 2022) [2023] MWHC 102 (22 June 2023)
The High Court held that the accused’s trial must proceed before a jury because the charged offences were not exempted by the relevant jury-trial Orders.
Kantandiro v Malawi Housing Corporation (Personal Injury 1254 of 2021) [2023] MWHCCiv 14 (16 June 2023)
The High Court of Malawi stayed enforcement by sale and seizure against Malawi Housing Corporation, holding it is a public institution protected by Order 34 rule 4.
Kantandiro v Malawi Housing Corporation (Personal Injury 1254 of 2021) [2023] MWHC 22 (16 June 2023)
Malawi Housing Corporation is a public institution within the meaning of Order 34 Rule 4 of the Courts (High Court) (Civil Procedure) Rules, 2017 and is therefore protected from enforcement orders such as sale and seizure. Granting a stay is necessary to prevent prejudice to the public functions of the institution.
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Sibande v Wipa and Another (Civil Cause 274 of 2021) [2023] MWHCCiv 38 (15 June 2023)
The application for default judgment is dismissed due to incurable procedural irregularities (undated and unsigned summons and documents) and lack of jurisdiction, as the dispute should have first been addressed by the Customary Land Management Committee and the Defendants were not parties to the prior lower court case.
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Finiyasi v S (Bail Application 157 of 2020) [2023] MWHC 123 (15 June 2023)
The applicant's continued remand is unlawful due to the State's failure to prosecute within the statutory period, and while there is a risk to the community due to his history of cannabis-induced violence, this risk can be mitigated by strict bail conditions and a mental health plan. The interests of justice require his release on bail with safeguards for public safety and his treatment.
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Mtenje v FDH Bank Limited (Commercial Cause 294 of 2020) [2023] MWHC 89 (13 June 2023)
The court held that FDH Bank wrongfully lodged a caution over the claimant’s land, awarding damages for lost sale value and legal fees, while also allowing the bank’s restitution counterclaim.
Kazembe v Electoral Commission and Jooma (Election Petition 8 of 2019) [2023] MWHC 24 (13 June 2023)
The High Court dismissed an application to suspend enforcement of costs, holding that a statutory demand is not an enforcement order under Order 28.
Mtenje v FDH Bank Limited (Commercial Cause 294 of 2020) [2023] MWHC 53 (13 June 2023)
The court held that FDH Bank wrongfully lodged a caution over the claimant’s land, awarding damages for lost sale value and legal fees, but also upheld the bank’s money-had-and-received counterclaim.
Mphwiyo and 18 others v The Republic (MSCA Criminal Application 21 of 2021) [2023] MWSC 46 (9 June 2023)
The Malawi Supreme Court of Appeal declined a stay of lower-court proceedings pending appeal, finding the applicants had delayed despite raising serious issues.
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