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Malawi Case Law

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Land law [2022] MWHC 15

Bula v Samson (Appeal Cause 20 of 2021; Civil Cause 164 of 2017)

Bula v Samson (Appeal Cause 20 of 2021; Civil Cause 164 of 2017) [2022] MWHC 15 (24 January 2022)

The High Court of Malawi dismissed an appeal over disputed land ownership, finding the appellant failed to show error in the magistrate’s decision or support his procedural complaints.

  • Communal land ownership
  • Appeals
  • Matrilineal inheritance
  • Evidence assessment
  • Land-law
  • Civil-appeals
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Criminal law [2008] MWHC 168

R v Peter (65 of 2008)

R v Peter (65 of 2008) [2008] MWHC 168 (2 September 2008)

High Court of Malawi upheld a defilement conviction and 8-year sentence, finding the complainant properly identified, medically corroborated, and the sentence not excessive.

  • Defilement
  • Sexual offences
  • Sentencing
  • Evidence assessment
  • Sexual-offences
  • Criminal-appeals
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Land law [2008] MWHC 124

Gubudu v Chipeni (81 of 2007)

Gubudu v Chipeni (81 of 2007) [2008] MWHC 124 (18 June 2008)

The High Court of Malawi dismissed a land ownership appeal, finding the appellant’s evidence inconsistent and the respondent’s case credible and supported by traditional authorities.

  • Land ownership
  • Customary land rights
  • Appeals procedure
  • Evidence assessment
  • Land-ownership
  • Customary-land-rights
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Criminal law [2004] MWHC 70

R v Harry Chimweta (Confirmation Case 288 of 2003)

R v Harry Chimweta (Confirmation Case 288 of 2003) [2004] MWHC 70 (10 November 2004)

The High Court set aside a robbery conviction, holding the facts showed a fight over a woman and loss of a wristwatch, not robbery under section 301.

  • Robbery
  • Unsafe conviction
  • Evidence assessment
  • Criminal-law
  • Unsafe-conviction
  • Evidence-assessment
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Malawi decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.