Malawi Case Law

S ( on the application of Chokani Mhango) v Controller of Statutory Corporation, Secretary to the President and Cabinet and Attorney General

S ( on the application of Chokani Mhango) v Controller of Statutory Corporation, Secretary to the President and Cabinet and Attorney General (Judicial Review 48 of 2021) [2022] MWHCCiv 23 (9 December 2022)

Court

High Court of Malawi Civil Division

Case number

Judicial Review 48 of 2021

The High Court of Malawi vacated a suspension order after finding the defendants failed to serve the formal order and supporting documents, amounting to bad faith.

• Service of orders
• Bad faith
• Equal footing
• Suspension of enforcement
• Judicial review
• Judicial-review

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Malawi Revenue Authority v Azam Transways (83 of 2005)

Malawi Revenue Authority v Azam Transways (83 of 2005) [2007] MWHC 21 (15 April 2007)

Court

High Court of Malawi

Case number

83 of 2005

The appellant acted in bad faith by detaining all four trucks and trailers for a period far exceeding the value of the alleged revenue at issue, despite the respondent’s compliance with all procedures and provision of information. Such conduct was unreasonable, malicious, and not protected by statutory immunity. The respondent is entitled to damages for loss of business income.

Source excerpt

• Malicious detention
• Bad faith
• Damages
• Res judicata
• Judicial immunity

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