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Malawi decisions
Source-linked decisions currently available to browse
Kaimila v Bandawe (Commercial Cause 266 of 2022) [2024] MWHC 10 (6 February 2024)
The High Court of Malawi held the defendant had no arguable defence and disposed of the matter on preliminary issues, entering judgment for the claimant.
Tung'ande v Chidwala, Thengele & Emily (Miscellaneous Civil Cause 87 of 2021) [2024] MWHC 64 (27 January 2024)
High Court of Malawi judgment in Tung'ande v Chidwala, Thengele & Emily, Miscellaneous Civil Cause 87 of 2021, decided on 27 January 2024.
Nomanda and 20 Others v City Council of Blantyre (Civil Cause 30 of 2021) [2024] MWHC 31 (25 January 2024)
Both the Claimants and the Defendant failed to prosecute their respective claims and counterclaims for thirty-five months, constituting inordinate and inexcusable delay and abuse of court process, justifying dismissal of both proceedings for want of prosecution.
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Nomanda and 20 Others v City Council of Blantyre (Civil Cause 30 of 2021) [2024] MWHC 30 (25 January 2024)
The High Court of Malawi dismissed both the claim and counterclaim for want of prosecution after 35 months of inactivity, with each party bearing its own costs.
Gestetner LTD v Mhango, Silungwe & Gondwe (Commercial Cause 66 of 2020) [2024] MWHC 1 (22 January 2024)
The High Court Commercial Division held that a dispute over a restraint of trade clause in employment contracts belonged in the Industrial Relations Court, and dismissed the case for want of jurisdiction.
Gestetner Limited v Mhango (Commercial Cause 66 of 2020) [2024] MWHC 16 (22 January 2024)
The dispute arises from an employment contract and concerns obligations and restrictions related to employment, not a commercial or business arrangement; therefore, the Industrial Relations Court has exclusive jurisdiction, and the High Court, Commercial Division, lacks jurisdiction.
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Kachembere v Mulasa (Land Cause 137 of 2023) [2024] MWHC 32 (22 January 2024)
The High Court set aside a without-notice interlocutory injunction after the claimant failed to file the required with-notice application and missed the hearing.
Kajao v Mwambucha and 2 Others (Civil Cause 73 of 2019) [2024] MWHCCiv 5 (17 January 2024)
The court held that the custom of Msudzulo ceremony, to the extent that it requires a surviving spouse and children to vacate the deceased’s land, is unconstitutional as it results in unfairness and gender-based discrimination, contrary to the Constitution’s protection of property rights and non-discrimination. The Defendants, as immediate family of the deceased, are entitled to remain on and inherit the disputed customary land under the Deceased Estates (Wills, Inheritance and Protection) Act. The Claimant and his clan members have no legal entitlement to repossess the land. The court also f…
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Nthala v Malawi Airlines Limited (IRC MATTER 483 of 2023) [2024] MWIRC 6 (17 January 2024)
The Industrial Relations Court dismissed motions to set aside default judgment and stay execution, holding that internal negligence was not special cause.
Jumbe v Kasema and 1 other (MSCA Miscellaneous Civil Application 46 of 2023) [2024] MWSC 2 (11 January 2024)
The Supreme Court of Appeal dismissed an interlocutory injunction application, holding it was improperly before the court without a pending appeal and was barred by statutory notice rules.
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