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Malawi decisions
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The High Court of Malawi entertained a creditor’s application for letters of administration, found the applicant properly before the court, and appointed the Administrator General to manage the estate.
Kazembe t/a Madzi Distributors v Southern Bottlers Limited & Ecobank Malawi Limited (Commercial Case 15 of 2020) [2024] MWHC 66 (17 July 2024)
The High Court of Malawi struck out the 1st defendant’s defence and counterclaim for failing to comply with directions to file witness statements and skeleton arguments.
Luka v Mandala (Civil Appeal 16 of 2022) [2024] MWHCCiv 9 (15 July 2024)
The High Court dismissed an appeal over disputed customary land, holding that the Limitation Act did not apply and that succession was governed by the Deceased Estates Act.
Diab Diary Farming Limited v Chiotha t/a Innobuild Limited (Commercial Case 6 of 2023) [2024] MWCommC 4 (5 July 2024)
Section 78(1) of the Insolvency Act, which requires notice to the debtor for appointment of a receiver, prevails over Order 28 rule 30 of the Civil Procedure Rules, which allows such application without notice; thus, the application for appointment of receiver ought to have been made with notice to the defendant.
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The High Court of Malawi declined to dismiss a civil cause for want of prosecution, finding delay but also registry mishandling, and directed a scheduling conference.
Akster and Another v Director of Public Prosecutions and Another (Constitutional Case 2 of 2021) [2024] MWHC 25 (28 June 2024)
The court held that sections 153(a), 153(c), 154, and 156 of the Penal Code are constitutional. The provisions do not violate the rights to equality, dignity, privacy, health, or personal liberty as protected by the Constitution. The court found that the challenged provisions are not discriminatory, as they apply to all persons regardless of sexual orientation, and that public morality is a legitimate basis for limiting rights under both national and international law. The right to privacy under the Constitution does not extend to a general autonomy over private sexual conduct. The court furt…
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Bwemba v Sunbird Tourism PLC (MATTER NUMBER IRC 84 of 2023) [2024] MWIRC 10 (24 June 2024)
The Industrial Relations Court found Oswald Bwemba was unfairly dismissed by Sunbird Tourism PLC after a procedurally flawed disciplinary process. He was awarded compensation, severance, and notice pay.
African Prime Investment Limited v Rab Processors and 3 Others (Confirmation Case 188 of 2018) [2024] MWCommC 3 (19 June 2024)
The High Court dismissed a defendant’s application for security for costs, finding no basis to conclude the claimant was outside Malawi or unable to pay costs.
Kalua v Standard Bank PLC (MATTER NUMBER IRC 631 of 2021) [2024] MWIRC 9 (3 May 2024)
The Industrial Relations Court of Malawi dismissed Steven Kalua’s unfair dismissal claim, finding Standard Bank followed due process and had fair grounds to dismiss him.
Ngwira v Ngwira & Chiumia (Miscellaneous Civil Case 36 of 2018) [2024] MWHCCiv 22 (24 April 2024)
The High Court of Malawi held that Francis Ngwira proved ownership of Plot 25/SQ/73, rejected the 2nd defendant’s bona fide purchaser defence, and granted injunctive relief.
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