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Malawi decisions
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Mtenje v FDH Bank Limited (Commercial Cause 294 of 2020) [2023] MWHC 89 (13 June 2023)
The court held that FDH Bank wrongfully lodged a caution over the claimant’s land, awarding damages for lost sale value and legal fees, while also allowing the bank’s restitution counterclaim.
Mtenje v FDH Bank Limited (Commercial Cause 294 of 2020) [2023] MWHC 53 (13 June 2023)
The court held that FDH Bank wrongfully lodged a caution over the claimant’s land, awarding damages for lost sale value and legal fees, but also upheld the bank’s money-had-and-received counterclaim.
Malawi College of Health Science board governors v Blantyre city council (Revenue Cause 59 of 2021) [2022] MWHC 58 (4 May 2022)
High Court held the claimant was a non-commercial educational institution and entitled to full remission of city rates under the Local Government Act.
Matondwe v Electricity Supply Corporation Malawi Limited (Civil Cause 86 of 2018) [2022] MWHC 26 (16 February 2022)
The High Court of Malawi assessed damages after a fire caused by ESCOM electricity lines, awarding compensation for household goods, house repairs, inconvenience, and costs.
R v Savala (Criminal Case 28 of 2013) [2017] MWHC 90 (25 May 2017)
Restitution under section 148 of the Criminal Procedure and Evidence Code cannot be granted where there is no property in the respondent's possession at the time of arrest; the State failed to make a timely application under the Money Laundering Act, and the summary process under section 148 does not accommodate inquiries into means or unspecified sums.
Source excerpt
R v Savala (Criminal Case 28 of 2013) [2017] MWHC 69 (25 May 2017)
Restitution under section 148 of the Criminal Procedure and Evidence Code cannot be granted where no property or money was in the respondent's possession at the time of arrest; the State failed to make timely application under the Money Laundering Act, and the summary process under section 148 does not accommodate inquiries into means or unspecified sums.
Source excerpt
Kumpolota v Nthala & Anor. (None) [2016] MWHC 457 (7 February 2016)
The High Court ordered the 1st Defendant to refund K1,500,000, pay interest and assessed damages after finding he fraudulently sold the house to another buyer.
R v Lutepo (Criminal Case 2 of 2014) [2015] MWHC 491 (4 September 2015)
Sentencing judgment for Osward Lutepo in Malawi’s cashgate case, imposing consecutive prison terms for conspiracy to defraud and money laundering.
R v Mkwezalamba (52 of 2007) [2007] MWHC 96 (22 August 2007)
The High Court of Malawi dismissed a criminal appeal against a 14-year mandatory sentence for theft by a public servant, rejecting arguments on mitigation and restitution.
Malawi Distilleries Ltd v Sichilima (2869 of 2002) [2005] MWHC 12 (18 August 2005)
High Court of Malawi found for the defendant on a counterclaim after set-off, awarding K8,969,943.40 and refusing interest, in a goods-supply and overpayment dispute.
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