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Malawi decisions
Source-linked decisions currently available to browse
The High Court dismissed the State’s application to withdraw a criminal case, holding that section 81 of the Criminal Procedure and Evidence Code does not apply to High Court trials.
The High Court held that no presidential decision appointing the claimant or reinstating the 2nd defendant was proved in writing, so the judicial review failed.
The High Court held that the Malawi Law Society Disciplinary Committee’s rules were ultra vires and that it lost jurisdiction after the statutory time limit expired.
The High Court dismissed a preliminary objection, holding that a section 101 election petition was not res judicata as it raised a distinct cause of action from an earlier section 100 appeal.
The High Court of Malawi found the claimant’s arrest, prosecution and detention were instigated by the defendant, awarding ordinary damages for malicious prosecution and false imprisonment.
The High Court dismissed an election petition over the Masanjala parliamentary election, finding it wrongly brought under section 100, procedurally defective, and unsupported by proof.
The High Court partly refused to lift restriction notices over accounts linked to hotel-sale proceeds, while operational accounts were removed by consent.
The High Court of Malawi dismissed a constitutional challenge over pension and employment exclusions for domestic workers, holding the claims lacked merit and the 2nd claimant lacked standing.
The High Court rejected a specially endorsed summons and without notice injunction application as procedurally defective, because the claimant used the wrong statutory route to challenge restraint measures.
The High Court of Malawi entered a discontinuance after a DPP certificate, discharging four accused persons and addressing the effect on bail and future charges.
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