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Malawi decisions
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Blantyre International University v National Council of Higher Education (Judicial Review Case 7 of 2023) [2023] MWHCCiv 22 (12 May 2023)
High Court of Malawi Civil Division judgment in a judicial review matter between Blantyre International University and the National Council of Higher Education.
Mybucks Banking Corporation Limited v Nyasulu t/a Tiyuni Investments (Commercial Case 142 of 2022) [2023] MWHC 92 (10 May 2023)
The High Court entered judgment for the bank for MK313,111,850.33 plus interest, allowed sale of the secured property, and ordered the defendant to cooperate.
S and Attorney General, Minister of Education ( the education division manager southern region) , Headmaster Blantyre girls primary school; Ex parte Mbewe ( A minor through his father and next friend Wisdom Mahara Mbewe) and Registered Trustees of the Centre of Human Rights Education, Advice and Assistance ( CHREAA) (Judicial Review Case 55 of 2019) [2023] MWHC 32 (8 May 2023)
The policy (written or unwritten) requiring all learners in Government Schools to have short/trimmed hair, as applied to Rastafarian children, is unconstitutional and unlawful as it violates the rights to education, religion, equality, and non-discrimination under the Malawi Constitution and Education Act. The refusal to register and enroll Rastafarian children with dreadlocks constitutes an unjustifiable limitation on these rights and is unreasonable, disproportionate, and discriminatory. The state is obligated to accommodate religious practices unless doing so would cause undue hardship, an…
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Mota Engil v Kaukuti and 8 Others (IRC Appeal 1 of 2023) [2023] MWHC 27 (5 May 2023)
The IRC erred in awarding overtime without sufficient proof from the employees, as the burden of proof was not discharged. The assessment of compensation and severance pay lacked legal justification and failed to consider individual circumstances, contributory fault, and mitigation. The Registrar had jurisdiction to assess compensation. The matter is remitted for proper assessment in accordance with legal principles.
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R v Julio (Confirmation Case 545 of 2022) [2023] MWHCCrim 10 (5 May 2023)
A rest house is a human dwelling, and thus the accused should have been convicted of burglary and theft as originally charged, not merely breaking into a building and committing a felony therein.
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S (on the application of the Malawi Law Society) v Prosecutor Mangani & 2 Ors. (Judicial Review Case 6 of 2023) [2023] MWHC 37 (5 May 2023)
The interdiction and criminal proceedings against the Director of the Anti-Corruption Bureau were unlawful, ultra vires, and unconstitutional as the Director is immune from such proceedings absent an allegation of bad faith, and only the President has authority to interdict the Director. The matter was not academic as the impugned actions are capable of repetition yet evading review. The claimant had locus standi and the judicial review was properly commenced.
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Kandaya v Mbale and Another (Civil Cause 47 of 2022) [2023] MWHCCiv 28 (5 May 2023)
The court adjourned a mediation after the 1st defendant failed to attend without sworn proof of the alleged funeral reason, and ordered the defendants to pay costs.
Landmark Development v Minister of Lands Housing and Urban Development (Civil Appeal 38 of 2013) [2023] MWSC 35 (4 May 2023)
The Malawi Supreme Court of Appeal dismissed a judicial review appeal for defective grounds of appeal and failure to show a valid extension of time.
Mhango v Chavula (Land Cause 18 of 2022) [2023] MWHCCiv 31 (4 May 2023)
The High Court dismissed an ex parte request for default judgment in a customary land dispute, holding the claim belonged in the Family and Probate Division.
Kalua and Another v Electricity Supply Corporation of Malawi (Civil Cause 58 of 2020) [2023] MWHCCiv 27 (2 May 2023)
The High Court dismissed an application to restore a civil matter after non-attendance at mediation, holding the explanation for absence was not reasonable.
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