Malawi Case Law

Kaliya v Times Television Limited

Kaliya v Times Television Limited (Civil Cause 153 of 2015) [2024] MWHC 26 (19 April 2024)

Court

High Court of Malawi

Case number

Civil Cause 153 of 2015

The court found that the defendant published defamatory statements about the claimant despite police requests to delay, causing reputational harm. However, the claimant failed to prove pecuniary loss or entitlement to exemplary damages. The court awarded compensatory damages only, considering comparable awards, the erosion of the Malawi Kwacha, and the need to balance compensation with media freedom.

Source excerpt

• Defamation
• Damages
• Exemplary damages
• Compensatory damages
• Freedom of expression

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Libertas General Insurance Company Limited v Puffs (MSCA Miscellaneous Civil Application 62 of 2023)

Libertas General Insurance Company Limited v Puffs (MSCA Miscellaneous Civil Application 62 of 2023) [2024] MWSC 9 (10 April 2024)

Court

Malawi Supreme Court of Appeal

Case number

MSCA Miscellaneous Civil Application 62 of 2023

The Supreme Court of Appeal dismissed a preliminary objection and refused a stay of execution pending appeal because the objection was procedurally defective and the lower court judgment was inchoate.

• Stay of execution
• Preliminary objection
• Inchoate judgment
• Appealability
• Stay-of-execution
• Preliminary-objection

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Batatawala and Another v Director of Anti Corruption Bureau and Another

Batatawala and Another v Director of Anti Corruption Bureau and Another (Constitutional Cause 1 of 2023) [2024] MWHC 19 (10 April 2024)

Court

High Court of Malawi

Case number

Constitutional Cause 1 of 2023

The charging of the Claimants under the FCA for acts committed before its commencement amounts to retrospective application, but this falls under the exception to the general rule because the offence of money laundering under the FCA is substantially the same as under the repealed law. There is no violation of section 42(2)(f)(vi) of the Constitution because money laundering was an offence at the time of the alleged acts, and the right not to be sentenced to a more severe penalty is protected at sentencing.

Source excerpt

• Retrospective application of statutes
• Money laundering
• Right to fair trial
• Statutory interpretation

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Financial Intelligence Authority v Ali and Another

Financial Intelligence Authority v Ali and Another (Civil Cause 2 of 2024) [2024] MWHCFin 2 (8 April 2024)

Court

High Court of Malawi Financial Crimes Division

Case number

Civil Cause 2 of 2024

The Financial Crimes Division is the only proper forum to determine matters relating to preservation orders under the Financial Crimes Act. The preservation order against the 1st Defendant's account remains valid and enforceable. The 1st Defendant's conduct in seeking relief from the Commercial Division after refusal in the Financial Crimes Division constitutes forum shopping and abuse of process. An interlocutory injunction is necessary to preserve the status quo and prevent dissipation of the funds until the substantive matter is resolved.

Source excerpt

• Preservation orders
• Jurisdiction of divisions of the high court
• Forum shopping
• Interlocutory injunctions
• Asset freezing
• Abuse of court process

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Kalua and 11 others v Attorney General

Kalua and 11 others v Attorney General (Civil Cause 16 of 2023) [2024] MWHCCiv 3 (25 March 2024)

Court

High Court of Malawi Civil Division

Case number

Civil Cause 16 of 2023

The claimants failed to prove their employment status, failed to provide evidence of discrimination, did not exhaust internal remedies before the Police Service Commission, and did not comply with statutory notice requirements. Therefore, the application for default judgment was dismissed.

Source excerpt

• Default judgment
• Police employment
• Discrimination
• Jurisdiction
• Internal remedies

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Kamwagha v R

Kamwagha v R (Criminal Appeal 17 of 2021) [2024] MWHCCrim 1 (25 March 2024)

Court

High Court of Malawi Criminal Division

Case number

Criminal Appeal 17 of 2021

The evidence did not meet the threshold for grievous harm as defined by law, and the prosecution failed to prove the offence beyond reasonable doubt. The court, bound by precedent, could not substitute a conviction for a lesser offence not charged. The conviction for malicious damage to property was also not supported by sufficient evidence. Both convictions and sentences were quashed and set aside.

Source excerpt

• Grievous harm
• Malicious damage to property
• Unlawful wounding
• Standard of proof
• Self-defence
• Provocation

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Banda v Malawi Post Corporation (Personal Injury Cause 138 of 2020)

Banda v Malawi Post Corporation (Personal Injury Cause 138 of 2020) [2024] MWHC 22 (19 March 2024)

Court

High Court of Malawi

Case number

Personal Injury Cause 138 of 2020

The High Court of Malawi dismissed claims for false imprisonment, defamation, malicious prosecution, and conversion of money, but upheld conversion of listed office items.

• Conversion
• False imprisonment
• Defamation
• Malicious prosecution
• Loss of property
• Damages

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Kuweruza v Kampaundi

Kuweruza v Kampaundi (Civil Appeal 116 of 2016) [2024] MWHC 20 (18 March 2024)

Court

High Court of Malawi

Case number

Civil Appeal 116 of 2016

The lower court erred in holding that customary land cannot be bequeathed by will; however, the purported will was invalid for lack of proper execution. The lower court also erred in finding the land was connected to chieftaincy without proper proof of custom as required by section 64 of the Courts Act. The evidence showed the appellant's father occupied the land prior to becoming chief, and the respondent failed to prove a custom that the land was tied to chieftaincy. The appeal was allowed and the land ordered restored to the appellant and her siblings.

Source excerpt

• Inheritance of customary land
• Validity of wills
• Judicial notice of customary law
• Magistrate court jurisdiction
• Remedies for property loss

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Dr Makadia v FMB Capital Holdings Limited PLC

Dr Makadia v FMB Capital Holdings Limited PLC (Commercial Case 27 of 2018) [2024] MWHC 12 (15 March 2024)

Court

High Court of Malawi

Case number

Commercial Case 27 of 2018

The High Court of Malawi assessed and reduced defended costs claims after dismissal and reinstatement, allowing MK21,625,940.25 in total costs.

• Assessment of costs
• Taxation of costs
• Legal practitioner and own client scale
• Indemnity basis
• Objections to bill of costs
• Assessment-of-costs

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Henry Yotamu Munthali v Mzuzu City Council

The High Court held that Mzuzu City Council was not exempt from enforcement under Order 34 rule 4 CPR 2017 and dismissed its application to stay the third-party debt order.

• Third-party debt order
• Stay of enforcement
• Exemption from enforcement
• Statutory interpretation
• Government/public officer proceedings
• Costs

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