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Malawi decisions
Source-linked decisions currently available to browse
Yotamu v Mzuzu City Council (Commercial Case 160 of 2018) [2024] MWHCCiv 1 (6 March 2024)
The exemption from enforcement under Order 34 rule 4 CPR 2017 is strictly confined to suits by or against the Government or Public Officers as defined by statute, and does not extend to statutory corporations such as Mzuzu City Council.
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Kawinga v Satemwa Tea Estates Limited (Personal Injury Cause 118 of 2019) [2024] MWHC 27 (28 February 2024)
The High Court of Malawi dismissed a workplace injury claim after finding no employer negligence and holding that the claimant was himself contributorily negligent.
Nkolokosa & 18 others v Banja Lamtsogolo Limited (IRC MATTER 456 of 2017) [2024] MWIRC 3 (27 February 2024)
The motion to set aside the order discharging the stay of execution was dismissed because it was not supported by any citation of law or rule, and the respondent failed to take active steps to prosecute the appeal for over two years, thereby unjustifiably depriving the applicants of the fruits of their litigation.
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NBS Bank Limited v Kaonga and others (Commercial Case 134 of 2014) [2024] MWCommC 2 (24 February 2024)
There was no cogent evidence of fraud by the defendants; the matter is one of outstanding debt. The 1st and 2nd defendants are liable for the sums claimed plus interest. Claims for attachment of the 3rd defendant’s beneficial interest and for general and exemplary damages fail. Order for delivery of vehicles is granted if recovery is possible.
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Kalipinde v Omega Protection Securities (IRC MATTER 411 of 2021) [2024] MWIRC 8 (20 February 2024)
The Industrial Relations Court held that the employer wrongfully withheld terminal benefits, including wages, leave pay, overtime pay, and pension, and awarded interest.
Kalambule and & 4 others v G4S Secure Solutions Malawi Limited (IRC MATTER 719 of 2018) [2024] MWIRC 2 (20 February 2024)
The Industrial Relations Court assessed compensation for five workers unfairly dismissed by G4S, awarded compensation, and dismissed the claim for lost bonuses.
Kuluwani v National Bank of Malawi (MATTER NUMBER IRC 488 of 2015) [2024] MWHC 73 (20 February 2024)
The applicant is entitled to compensation for unfair dismissal based on three months' current salary for each completed year of service, reduced from four months to account for partial contribution to her dismissal, plus severance allowance calculated per the Employment Act, both using the current salary to preserve the value of the award in light of inflation and devaluation.
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Kuluwani v National Bank of Malawi (IRC MATTER 488 of 2015) [2024] MWIRC 1 (20 February 2024)
The Industrial Relations Court awarded Cecilia Kuluwani compensation and severance after finding unfair dismissal and procedural unfairness, using current salary values.
Bilderberg Limited and Another v Ecobank Malawi Limited and Another (Commercial Cause 160 of 2022) [2024] MWHC 8 (15 February 2024)
The High Court held that a preservation order had expired before a forfeiture application was issued, so the claimants were entitled to regain access to their bank accounts.
DJ Kingsley Trading Company Limited v FDH Bank Limited (Commercial Cause 231 of 2019) [2024] MWHC 9 (12 February 2024)
The High Court of Malawi refused a late application to re-amend pleadings, finding the proposed changes were extensive, prejudicial, and unjustified.
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