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Doctrinal legal research is a methodology that helps legal researchers identify applicable laws by critically examining statutes and case law. The court in the case of Loveness Gondwe and MEC v Catherine Gotani Nyahara employed this methodology by comparing facts from previous cases to determine the relevant legal principles, ultimately concluding that election irregularities did not affect the results. The paper also discusses the importance of considering the context of laws from different jurisdictions, as demonstrated by the Supreme Court's rejection of an English case that was not applicable to Malawi's legal framework.

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Doctrinal legal research is a methodology that helps legal researchers identify applicable laws by critically examining statutes and case law. The court in the case of Loveness Gondwe and MEC v Catherine Gotani Nyahara employed this methodology by comparing facts from previous cases to determine the relevant legal principles, ultimately concluding that election irregularities did not affect the results. The paper also discusses the importance of considering the context of laws from different jurisdictions, as demonstrated by the Supreme Court's rejection of an English case that was not applicable to Malawi's legal framework.

Uploaded by

bonifacesanudi2
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Doctrinal legal research is a methodology used by legal researchers to identify the

principles, standards and procedures of law. it encompasses all the methods of discovering
the particular law that can apply to a given situation. it involves a critical examination and
evaluation of statutes, and case law applicable to a case to find not only the law but also the
validity of that law. the above is achieved by examining relevant case law and comparing
facts or in the given cases. We agree with how the court in the case of Loveness Gondwe
and MEC v Catherine Gotani Nyahara used legal research techniques In agreement with the
way the court used legal research methods in determining the correct law or principle to be
applied, this paper will point out specific techniques that the court used to ascertain the law
to solve the issue presented. since doctrinal legal research involves the use of both primary
and secondary sources, this paper will take into consideration case law and statute law as
primary sources of law and authoritative text as secondary sources in substantiating that the
court was correct in applying doctrinal research.

In 'legal research', Paul Chynoweth points out the techniques (methodology) used in legal
research. He notes five techniques; deductive logic, open texture rule, role of analogy,
induction and legal formalism and indeterminacy and policy judgment. Of relevance to the
purpose of this paper is the role of analogy. this, as one of the doctrinal legal research
methodology, is a way of reasoning from one specific case to another that involves the
comparison of facts of a particular case to another case, which is already decided
(precedent)

The court in the case of Loveness Gondwe and MEC v Catherine Gotani Nyahara in
determining which law or principle to follow employed this methodology. it compared the
present case facts with those in the cases of Gama v Omar and MEC, Phoso v MEC,
Kanyinji v MEC; and foreign applicable cases; Mtoba and others v Sebe and others,
Lewanika v Chiluba, George v Municipal Elections Commission Shearouse, and Bridge v
Bowen. after comparing the facts it came to the conclusion that the law on these cases could
apply in determining the issue at hand.

The issue being irregularities affecting the results of the election, the court noted that they
did not affect the results of the election which was the same position in the cited cases. it is
the principle that if the facts are sufficiently similar then the law adopted in the cases will
certainly be similar. this is what the court did

Further, in determining the applicability of a particular case, certain considerations must be


put into place. as Lord Denning in the case of Nyali ltd v Att. Gen. postulated. he compared
law to an English oak tree, that law cannot be just taken from one country and be imposed
on a different country without consideration of what the law is in that country. this means that
in opting to be directed by a particular case, the law and circumstances of that case must be
put in line with the law and circumstances of the other country. essentially this is why the
high court decision to nullify the elections was quashed by the supreme court

The high court relied on an English case of Morgan v Simpson which the supreme Court
judge found that the principal put forth in that case was not based on common law but
statute law. And that law would not be applied to Malawi because Malawi is not bound by
that statute law. Furthermore, the facts in that case were not comparable to the present
case,
because doctrinal legal research is also considered the 'black letter law', that is, research 'in'
law, it also involves examination of statutes, this being the primary source of law. the court
interpreted the PPEA, the Constitution and parliamentary services act so as to determine if
the use of public resources was lawful. under the law enunciated in those statutes it was
indeed lawful for him to do so.

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