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Malawi decisions
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State( on Application of Rubadiri ) v Director of National Parks and Wildlife (Judicial Review Case 32 of 2019) [2021] MWHCCiv 30 (27 May 2021)
The High Court quashed a refusal to allow access to land in Michiru, holding that the defendant failed to give justifiable reasons required by section 43.
S(On the application of Tengo Rubadiri on his own behalf and on behalf of the dependents and beneficiaries of David Rubadiri, deceased) v Director of National Parks and Wildlife (Judicial Review 32 of 2019) [2021] MWHCCiv 17 (27 May 2021)
The defendant's failure to furnish the claimant with justifiable detailed reasons for denying access to the land infringed his right to administrative justice under Section 43 of the Constitution, rendering the decision unconstitutional and unlawful.
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Singini v Msuku & Ors. (Miscellaneous Civil Application 42 of 2012) [2017] MWHCCiv 3 (6 April 2017)
The applicant's appointment as GVH Kandezu was void ab initio as it did not comply with customary law and the Chiefs Act; the removal was proper as the appointing authority participated in the process, and the District Commissioner only facilitated the dispute resolution. The applicant's claims were baseless and the reliefs sought were dismissed.
Source excerpt
Mhango v Attorney General (Malawi Defence Force) (Civil Cause 563 of 2015) [2016] MWHC 718 (1 July 2016)
The High Court of Malawi dismissed a soldier’s challenge to his discharge, finding he had been informed of the charges, heard, and lawfully dismissed for misconduct.
Okeke v Minister of Home Affairs & Anor. (Civil Cause 73 of 1997) [2001] MWHC 36 (7 July 2001)
The High Court of Malawi quashed an immigration refusal to admit a Nigerian husband, holding the applicant had standing and the deportation was unlawful.
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