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Malawi Case Law

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Civil procedure [2024] MWHC 46

Afrimax Limited v Datacom Limited and Another

Afrimax Limited v Datacom Limited and Another (Commercial Case 151 of 2021) [2024] MWHC 46 (3 September 2024)

The High Court of Malawi refused to dismiss a commercial case for want of prosecution, finding the delay partly arose from the court’s failure to reset mediation.

  • Dismissal for want of prosecution
  • Mediation
  • Telecommunications regulation
  • Want-of-prosecution
  • Commercial-law
  • Civil-procedure
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Family law

Alfonso Mbiza v Christina Chapotera

Order on distribution of matrimonial property after divorce between Alfonso Mbiza and Christina Chapotera, apportioning the Nyambadwe and Mdeka houses and dismissing several other claims.

  • Division of matrimonial property
  • Joint ownership
  • Contribution to acquisition and maintenance
  • Distribution after divorce
  • Customary claim to build house for wife
  • Costs
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Constitutional law [2024] MWHCCiv 6

Banda v Malawi Congress Party

Banda v Malawi Congress Party (Civil Case 86 of 2024) [2024] MWHCCiv 6 (6 August 2024)

The NEC's resolution imposing eligibility criteria for contesting NEC elections is ultra vires the party constitution, inconsistent with the rights of ordinary members, and contrary to the values of the Malawi Constitution. The claimant is a member with sufficient interest, and the dispute is justiciable as it raises legal, not merely political, questions. The resolution is set aside as a nullity.

  • Justiciability
  • Locus standi
  • Ultra vires
  • Interpretation of constitutions
  • Political rights
  • Equality before the law
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Family law

Paul Kazunguza Maseko v Sharon Joan Kazunguza Maseko

The High Court granted leave to the respondent to file pleadings out of time in a divorce cause, holding that service on her lawyers was effective and that fairness and access to justice required a hearing.

  • Divorce petition
  • Service of process
  • Appearance and defence
  • Leave to file out of time
  • Access to justice
  • Estoppel
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Criminal law [2024] MWHCCrim 5

Abiyane and 24 Others v State

Abiyane and 24 Others v State (Miscellaneous Criminal Application 49 of 2024) [2024] MWHCCrim 5 (29 July 2024)

The High Court of Malawi partially allowed an application challenging immigration detention, declining immediate release but ordering alternative detention and deportation safeguards.

  • Illegal detention
  • Immigration detention
  • Deportation
  • Children's rights
  • Prison oversight
  • Immigration-detention
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Criminal law [2024] MWHC 43

Uladi and 4 Others v R (Homicide Bail 157 of 2023)

Uladi and 4 Others v R (Homicide Bail 157 of 2023) [2024] MWHC 43 (29 July 2024)

The applicants' continued detention beyond the 90-day pre-trial custody time limit for murder without court extension was unlawful; however, release should be on bail with conditions to ensure attendance at trial, as permitted by Section 161I of the Criminal Procedure and Evidence Code.

  • Pre-trial detention
  • Bail
  • Unlawful detention
  • Habeas corpus
  • Murder
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Employment law [2024] MWHC 36

Kapyola v Twenty Third Century Systems

Kapyola v Twenty Third Century Systems (Civil Cause 141 of 2022) [2024] MWHC 36 (22 July 2024)

The High Court held that the default judgment sum for terminal benefits was net, not gross, so no further tax could be deducted. Collection costs were allowed without interest.

  • Terminal benefits
  • Taxation of judgment sums
  • Collection costs
  • Interest on collection costs
  • Terminal-benefits
  • Taxation-of-judgment-sums
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Commercial law [2024] MWHC 57

Africa Investment Group LTD v Attorney General ( Ministry of Agriculture & Ministry of Finance) , Famers Fertilizer Revolving Fund of Malawi & Malawi Fertilizer Company LTD (51 of 2024)

Africa Investment Group LTD v Attorney General ( Ministry of Agriculture & Ministry of Finance) , Famers Fertilizer Revolving Fund of Malawi & Malawi Fertilizer Company LTD (51 of 2024) [2024] MWHC 57 (22 July 2024)

The High Court of Malawi entered judgment by consent, ordering payment of the claimant’s debt, interest and costs, and a refund from the third party in escrow terms.

  • Settlement
  • Debt recovery
  • Enforcement of judgment
  • Consent-judgment
  • Commercial-law
  • Contract-law
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Family law

Upendo Lawrence v Charles Lawrence

The High Court of Malawi dissolved the marriage between Upendo Lawrence and Charles Lawrence, awarded primary custody to the petitioner, and set monthly access for the respondent.

  • Divorce
  • Irretrievable breakdown of marriage
  • Custody and access rights
  • Children's rights
  • Adultery allegations
  • Consortium
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Malawi decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.