The proceedings herein stem from a decision of the Supreme Court in SC 13/12 setting aside the earlier judgment of this Court in HH 87-2010 and remitting the matter for determination after hearing evidence on two specific issues. The first relates to the rate of exchange applicable at the time when the defendant paid the sum of MK4,819,512 in discharge of the judgment of the Malawi High Court. The second pertains to the rate of interest, if any, applicable to the sum of US$848,662 awarded by the Supreme Court of Malawi. As was specifically pointed out in HH 87-2010, no... More
The appellant was convicted of indecent assault as defined in s 67 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23], that he perpetrated on his sister-in-law. The facts upon which the conviction was based on can be summarized as follows:
Complainant was coming from a borehole where she had gone to fetch water. She met the appellant who asked her to wait for her. Considering such a request coming from a brother-in-law inappropriate, she ignored him and went on. He caught up with her, grabbed her by the hand and then fondled her breasts without her consent and... More
This is an appeal against conviction and sentence on a charge of robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The appellant was sentenced to nine years imprisonment of which two years imprisonment was suspended for five years on condition that during that period the appellant does not commit any offence that has violence on the person of another or dishonesty as an element and for which he is sentenced to imprisonment without the option of a fine. A further two years imprisonment was suspended on condition that the appellant restituted the... More
This is an application for an order of specific performance. The applicant claimed that in February 2001 he had bought the first respondent’s rights, title and interest in the property known as Stand 2851/9 Mutobwe Street, Masvingo[hereafter referred to as the property] for the sum of ZW$250 000-00 which he claimed to have paid in full. The applicant had obtained vacant occupation of the property immediately afterwards. He was still in occupation 12 years later when the matter came up for determination. It being the second respondent’s property, the actual relief sought by the applicant was an order directing the... More
Plaintiff issued out summons against the defendant claiming $110 250 being the total price of seed maize from 63 hectares of the crop covered by an insurance policy issued by the defendant. More
