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Malawi decisions
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Chinkono v Chinkono (Matrimonial Appeal Cause 13 of 2022) [2023] MWHCFam 7 (24 April 2023)
High Court appeal over matrimonial property distribution, awarding the wife one-third of the house value, leaving the car with the husband, and increasing compensation to K1.5 million.
Londiwa t/a Kaizwanga Investment and General Dealers v Standard Bank plc (Commercial Cause 32 of 2022) [2023] MWCommC 2 (20 April 2023)
The claimant's action is frivolous and vexatious as the bank complied with all statutory requirements, acted in good faith, and the claimant suppressed material facts. The law does not support the remedies sought by the claimant, and any loss suffered is remediable only by damages, not injunction. The injunction was improperly obtained and must be vacated; the action is dismissed with costs to the defendant.
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R v Mpokosa (Criminal Review Case 30 of 2022) [2023] MWHCCrim 5 (20 April 2023)
High Court of Malawi review on sentence for defilement of a 4-year-old girl, imposing 45 years’ imprisonment from the date of arrest.
R v Lifa (Criminal Case 130 of 2022) [2023] MWHCCrim 4 (20 April 2023)
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Price v Price (Matrimonial Case 16 of 2020) [2023] MWHCFam 13 (19 April 2023)
High Court of Malawi Family and Probate Division judgment in Price v Price, a matrimonial case decided on 19 April 2023 under neutral citation [2023] MWHCFam 13.
Maloya v Phiri (Personal Injury Case 87 of 2019) [2023] MWHCCiv 6 (19 April 2023)
The Registrar does not have jurisdiction to restore a defence struck out under Order 13 Rule 6(1)(a) of the Courts (High Court) (Civil Procedure) Rules 2017; such applications must be determined by the Judge. The Registrar's authority under Order 25 does not extend to restoration of a defence in these circumstances. The matter is referred to the Judge for comprehensive determination.
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Maloya v Phiri (Personal Injury Case 87 of 2019) [2023] MWHCCiv 15 (19 April 2023)
The Registrar does not have jurisdiction to restore a defence struck out under Order 13 Rule 6(1)(a); such applications must be determined by a Judge. The Registrar's authority under Order 25 does not extend to restoration under Order 13. The matter is referred to the Judge for comprehensive determination.
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Mkandawire and 1 other v Khobiri (Matrimonial Appeal Cause 19 of 2022) [2023] MWHCFam 12 (19 April 2023)
Appeal in a matrimonial cause before the High Court of Malawi Family and Probate Division. The supplied record contains only metadata, not the substantive judgment text.
Maloya v Phiri (Personal Injury Cause 87 of 2019) [2023] MWHC 112 (19 April 2023)
The High Court of Malawi referred an application to restore a defence to the Judge, holding the Registrar lacked jurisdiction under Order 13.
Attorney General v Administrators of the Estate of Mughogho (Miscellaneous Case 186 of 2013) [2023] MWHCCiv 11 (18 April 2023)
The High Court of Malawi set aside a stay and dismissed an appeal for want of prosecution after nearly 10 years of inactivity and unexplained delay.
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