Constitutional Case Adjudication Process

Summary

In Malawi, if a case initially considered constitutional is to be adjudicated on its merits, counsel should file a motion to withdraw the referral for constitutional certification. The High Court can then proceed with the case, focusing on issues like negligence and judicial review. Relevant laws include the Courts (High Court) (Civil Procedure) Rules, 2017, and Rule 19, which involves referrals for constitutional interpretation. Negligence claims require proving duty of care, breach, causation, and damages.