Malawi Case Law

Jawad v R

Jawad v R (Criminal Review Case 3 of 2024) [2025] MWHCFin 1 (7 March 2025)

Court

High Court of Malawi Financial Crimes Division

Case number

Criminal Review Case 3 of 2024

The trial court acted without jurisdiction in proceeding with trial and convicting the accused in his absence on a felony charge. The law requires the court to issue a warrant of arrest and await the accused's presence before proceeding. The conviction and sentence are set aside, and the trial is to resume upon the accused's apprehension.

Source excerpt

• Money laundering
• Trial in absence of accused
• Review jurisdiction
• Felony procedure

Read case analysis

Brian Sambo (Minor, suing through Freida Muomba, Mother and Litigation Guardian) v Khumbo Sambo & George Muva Sambo

The High Court set aside a default judgment because summons had been served by post without a prior court order for alternative service, making service irregular.

• Default judgment
• Service of summons
• Irregular service
• Setting aside judgment
• Costs
• Administrator of estate

Read case analysis

Ronald Amos and Elizabeth Amos v Alice Amos Phiri

The High Court’s Family and Probate Division held that a partnership-and-property dispute was commercial in nature, lacked jurisdiction, and was transferred.

• Transfer of matter between high court divisions
• Specialised divisions of the high court
• Reasonable cause of action
• Costs
• Interlocutory injunction
• Jurisdiction

Read case analysis

R v Matemba

R v Matemba (Criminal Cause 15 of 2023) [2025] MWHC 9 (4 March 2025)

Court

High Court of Malawi

Case number

Criminal Cause 15 of 2023

The High Court held there was a case to answer on one count of failure to declare interest, but not on the second count, in a corruption prosecution.

• Failure to declare interest
• Conflict of interest
• Use of intelligence as evidence
• Interpretation of statutory definitions
• Failure-to-declare-interest
• Conflict-of-interest

Read case analysis

Mukteshwar Sugar Mills Ltd v Salima Sugar Company Ltd

Mukteshwar Sugar Mills Ltd v Salima Sugar Company Ltd (Commercial Cause 136 of 2024) [2025] MWHC 4 (7 February 2025)

Court

High Court of Malawi

Case number

Commercial Cause 136 of 2024

The High Court of Malawi vacated an ex parte freezing injunction after finding the claimant had not made full and frank disclosure of material facts.

• Freezing injunctions
• Full and frank disclosure
• Equitable relief
• Corporate governance
• Conflict of interest
• Freezing-injunctions

Read case analysis

Almeida v Almeida (Being Civil Appeal No. 6 of 2024)

Almeida v Almeida (Being Civil Appeal No. 6 of 2024) [2025] MWHC 8 (3 February 2025)

Court

High Court of Malawi

Case number

Being Civil Appeal No. 6 of 2024

All issues relating to custody, visitation, and access—including the mother's intended relocation—can and should be resolved within the pending appeal before this court; all other proceedings in other courts are stayed until the appeal is determined to finality.

Source excerpt

• Child custody
• Visitation rights
• Parental relocation
• Jurisdiction
• Recusal
• Appeals

Read case analysis

Chaoloka v The Attorney General (Ministre of Finance & Economic Affairs) (IRC MATTER 1294 of 2022)

Chaoloka v The Attorney General (Ministre of Finance & Economic Affairs) (IRC MATTER 1294 of 2022) [2025] MWHC 5 (3 February 2025)

Court

High Court of Malawi

Case number

IRC MATTER 1294 of 2022

Failure to comply with the mandatory notice requirement under section 4 of the Civil Procedure (Suits By and Against the Government and Public Officers) Act renders the applicants' action and motion a nullity. Additionally, the applicants' claim raises matters fit for judicial review, which are outside the jurisdiction of the Industrial Relations Court and were not brought within the required time frame.

Source excerpt

• Unfair labour practice
• Discrimination
• Judicial review
• Procedural requirements for suits against government

Read case analysis

Mtokoma, Mailosi, Chitawira, Mtungama v College of Medicine Sports Complex (IRC MATTER 593 of 2020)

Mtokoma, Mailosi, Chitawira, Mtungama v College of Medicine Sports Complex (IRC MATTER 593 of 2020) [2025] MWHC 6 (3 February 2025)

Court

High Court of Malawi

Case number

IRC MATTER 593 of 2020

The Industrial Relations Court found that Covid-19-related terminations were unfair because the employer failed to consult employees and acted inconsistently on retention and notice.

• Unfair dismissal
• Operational requirements
• Consultation
• Compensation
• Notice period
• Unfair-dismissal

Read case analysis

Kasuma v Micro Loan Foundation Ltd (IRC MATTER 610 of 2016)

Kasuma v Micro Loan Foundation Ltd (IRC MATTER 610 of 2016) [2025] MWHC 7 (3 February 2025)

Court

High Court of Malawi

Case number

IRC MATTER 610 of 2016

The court held that Agnes Kasuma was unfairly dismissed after finding the exit agreement was signed under economic duress and the disciplinary process was irregular.

• Unfair dismissal
• Duress in employment contracts
• Procedural justice in disciplinary hearings
• Employment contract termination
• Employee protection
• Unfair-dismissal

Read case analysis

S (On The Application of Mr. Godfrey Itaye & 15 Others) v Office of Ombudsman & MACRA

S (On The Application of Mr. Godfrey Itaye & 15 Others) v Office of Ombudsman & MACRA (Judicial Review Cause 23 of 2021) [2025] MWHCCiv 1 (31 January 2025)

Court

High Court of Malawi Civil Division

Case number

Judicial Review Cause 23 of 2021

The High Court set aside the Ombudsman’s report against MACRA, holding it lacked jurisdiction over an anonymous complaint and its directives were a nullity.

• Jurisdiction of ombudsman
• Judicial review
• Employment contracts
• Maladministration
• Transparency and accountability
• Judicial-review

Read case analysis