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Malawi decisions
Decisions matching the current search
The High Court issued directions in an appeal delayed by a missing lower-court file, ordering the file produced, skeleton arguments filed, and the matter heard.
State v Mfune and Others (Case Number 29 of 2023) [2023] MWHCCrim 13 (20 November 2023)
The High Court of Malawi dismissed an appeal against sentence for arson, holding that eight years’ imprisonment with hard labour was harsh but not manifestly excessive.
Yusuf T/A MF & AK Yusuf Investment (a firm ) and 2 Others v Kasmany T/A Plumbing and Hardware Centre ( a firm) (Miscellaneous Civil Application 36 of 2023) [2023] MWSC 18 (18 July 2023)
The Supreme Court of Appeal in Malawi refused a stay of execution pending appeal, finding the applicants had not shown any real risk that the respondent could not repay the judgment debt.
Kandulu and Antony v R (Criminal Appeal 3 of 2023) [2023] MWHC 21 (18 July 2023)
The High Court quashed trafficking convictions, finding the charge lacked sufficient particulars and the prosecution failed to prove all elements beyond reasonable doubt.
Chinkono vChinkono (Matrimonial Appeal Cause 13 of 2022) [2023] MWHCFam 2 (24 April 2023)
The High Court partly allowed a matrimonial property appeal, ordering a 1/3 house share for the appellant, upholding vehicle ownership, and increasing compensation.
Lingani v Yonasi (Civil Appeal 5 of 2021) [2022] MWHC 62 (22 April 2022)
The High Court set aside a magistrate’s ownership ruling over a motorcycle and ordered fresh evidence because the key purchase documents were in Portuguese and not properly interpreted.
Republic v Brake (Confirmation Case 518 of 2020) [2021] MWHC 372 (11 November 2021)
The High Court of Malawi enhanced a 96-month sentence for defilement to 21 years, holding that the original term was manifestly inadequate.
Attorney General and 2 Others v Tinyokole Properties (MISC Civil Application 42 of 2021) [2021] MWSC 20 (10 November 2021)
The Malawi Supreme Court of Appeal granted a stay of execution pending appeal, finding a high likelihood of success on a jurisdictional issue in the judicial review matter.
Brake v R (Criminal Appeal 29 of 2018) [2021] MWHC 396 (28 October 2021)
The appellant was not denied the right to call witnesses as he was informed of his options and chose not to call any. The state paraded sufficient witnesses regarding the search and recovery of evidence. The CCTV evidence was properly admitted and relied upon by the lower court. The convictions were supported by sufficient evidence, and the sentences imposed were within the legal limits and not excessive given the aggravating circumstances.
Source excerpt
Mpinganjira v R (Criminal Review 3 of 2020) [2020] MWHC 86 (28 January 2020)
The High Court of Malawi upheld a burglary conviction and 5-year sentence, finding the prosecution proved its case beyond reasonable doubt.
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