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Malawi decisions
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Mphwiyo & 18 Others v R (MSCA Criminal Application 21 of 2021) [2023] MWSC 12 (9 June 2023)
Malawi Supreme Court of Appeal judgment in Mphwiyo & 18 Others v R, recorded as [2023] MWSC 12, decided on 9 June 2023.
State v Inspector General of Police (MSCA Miscellaneous Civil Application 28 of 2023) [2023] MWSC 45 (8 June 2023)
The Supreme Court of Appeal granted permission for judicial review of a decision to arrest and prosecute, but refused interim relief stopping arrest or prosecution.
General Alliance Insurance Company Limited v Jumbe and Kanthalo (Civil Appeal 24 of 2023) [2023] MWSC 17 (8 June 2023)
The Supreme Court of Appeal lacks jurisdiction to entertain an application for leave to appeal out of time against an interlocutory order made by an Assistant Registrar; such appeals must first be made to a Judge in chambers.
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Kainja v Director of Anti-Corruption Bureau, Director of Public Prosecutions & Attorney General (Judicial Review Cause 2 of 2023) [2023] MWHC 47 (5 June 2023)
Permission for judicial review was refused. The Court found the claimant’s challenges to ACB investigations, prosecution, publicity, and alleged stay-order breach were unsupported or misconceived.
Kainja v Director of the Anti-corruption Bureau , Director of Public Prosecutions and Attorney General (Judicial Review Cause 2 of 2023) [2023] MWHC 20 (5 June 2023)
Permission for judicial review was refused in a challenge to the ACB’s investigation and intended prosecution of former police chief George Kainja.
Maitland Trustees Limited v Mulli Brothers Limited (Civil Case 297 of 2018) [2023] MWHC 26 (30 May 2023)
The defendant's objection lacks merit as the evidence relied upon is inadmissible and the court order of 27 May 2021 explicitly provides for interest on the dollar-denominated debt; the matter is not contentious and does not require referral to a judge.
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Kamala v Top Range Civil Engineering Contractors (761 of 2018) [2023] MWHCCiv 7 (29 May 2023)
The High Court held that a road contractor was negligent for failing to put up warning signs during rehabilitation, causing a fatal accident.
Dalitso General Suppliers Limited v National Bank of Malawi (Commercial Cause 456 of 2022) [2023] MWHC 58 (25 May 2023)
The High Court of Malawi ordered consolidation of two related suits over the same loan facilities, finding the separate actions should be managed together.
Short v Electricity Supply Corporation of Malawi (Personal Injury Cause 1264 of 2021) [2023] MWHC 81 (22 May 2023)
The court declined to strike out the claim because the defendant was well known despite the misnaming, and after judgment, the claim merges with the judgment, leaving the defendant to apply to set aside the default judgment if necessary.
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S (on the application of Riaz Jakhura) v Inspector General of Police (Judicial Review Case 11 of 2023) [2023] MWHCCiv 10 (19 May 2023)
The High Court of Malawi refused permission for judicial review of a police decision to arrest and prosecute the claimant, finding no proved abuse of discretion.
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