A full explanation of the Courtβs reasoning, including the procedural defect identified and the appropriate approach, is set out in the Courtβs direction below.
π Read the full ruling here: [https://t.co/NPIY3k1Yy2]
π¨ A K128.75 billion case has been struck out at a preliminary stage. π§΅ #HotOffTheBench: Amaryllis Hotel Matter
The High Court, per Justice R.E. Kapindu, has struck out proceedings relating to the Amaryllis Hotel matter.
π Why this matters:
The ruling illustrates the importance of complying with procedural requirements when commencing proceedings.
A matter may not proceed where it is initiated in a manner that does not meet the Courtβs procedural standards, regardless of the underlying claim.
π§΅#HotofftheBench: Landmark Land Dispute Ruling in Malawi High Court In a significant judicial ruling, the Malawi High Court has delivered a judgment that strips #Mama Cecilia Kadzamira of her claim to Tichitenji Estate, exposing critical flaws in her land title. ποΈβοΈ
The court ordered judgment in favor of Elias Banda's estate:
- Vacating Kadzamira's interlocutory injunction
- Directing a survey to clarify land boundaries
- Awarding costs to the Defendants πΌ
π Huge congratulations to Chisankho Watch on winning @NDI's Madeleine K. Albright Democracy Award!
Their FCDO/NDI supported work safeguarding Malawi's 2025 elections through citizen observation & data-driven transparency has set a powerful example for democracy across Africa.
#HotofftheBench: The High Court has set aside a magistrate's order extraditing Shepherd Huxley Bushiri and Mary Bushiri to South Africa, finding the proceedings unlawful & unconstitutional, read π§΅ for more
https://t.co/2yNF643BPG
#MalawiLaw#ExtraditionLaw#ConstitutionalLaw
Committal Order Set Aside
Under Section 353(2)(a)(ii) of the Criminal Procedure & Evidence Code, the High Court set aside the committal order of 12 March 2025.
"The conclusion the Magistrate arrived at to extradite, does not follow from the premises."
#HotofftheBench