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Malawi decisions
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First Capital Bank Limited v Kanyika and Others (MISC Civil Application 64 of 2023) [2024] MWSC 4 (10 January 2024)
The Malawi Supreme Court of Appeal held it lacked jurisdiction to entertain a stay application after refusal below, and vacated its earlier ex parte order.
Jeffrey, Nankhumwa & Chazama v Mutharika, Mwale & Democratic Progressive Party (MSCA Misc. Application 65 of 2023) [2024] MWSC 1 (3 January 2024)
The application was procedurally improper as it was brought under the wrong legal provisions, with no statutory basis for a fresh application for interlocutory injunction before the Supreme Court of Appeal after refusal by the High Court. Further, the Applicants failed to exhaust internal party dispute resolution mechanisms as required by the party constitution and established legal principles. The court therefore lacked jurisdiction and the matter was premature for litigation.
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Kandulo and Another v Avis Rent A Car Limited (IRC MATTER 89 of 2017) [2024] MWIRC 5 (2 January 2024)
The Industrial Relations Court dismissed an application to stay execution of judgment, finding no special circumstances and awarding costs to the applicants.
Harawa and Another v Airtel Malawi (Commercial Cause 7 of 2023) [2023] MWHC 109 (29 December 2023)
The High Court dismissed applications to strike out a shareholder petition and for security for costs, holding the petitioners had standing and had shown ability to pay costs.
Chalimba t/a Krisken General Suppliers v Standard Bank PLC (MISC Civil Application 50 of 2022) [2023] MWSC 28 (22 December 2023)
The Supreme Court of Appeal dismissed a preliminary objection application, holding the matter was misconceived and not properly before it under the Act and Rules.
Banda v Attorney General (State Residences) (MATTER NUMBER IRC 1001 of 2022) [2023] MWHC 75 (22 December 2023)
High Court of Malawi judgment in Banda v Attorney General (State Residences), case number IRC 1001 of 2022, decided on 22 December 2023.
R v Matotsa (Criminal Case 11 of 2023) [2023] MWHC 121 (21 December 2023)
Sentencing decision for defilement: the High Court of Malawi imposed 30 years’ imprisonment with hard labour on a repeat offender after weighing aggravating and mitigating factors.
R v Nambazo and Another (Criminal Case 19 of 2023) [2023] MWHC 117 (20 December 2023)
The mandatory death penalty for murder is unconstitutional. Sentencing must consider aggravating and mitigating factors, the seriousness of the offence, and the individual circumstances of the convicts. The convicts do not fall within the category of the 'worst of murderers' and thus do not merit the death penalty or life imprisonment. A custodial sentence of 34 years with hard labour, effective from the date of arrest, is appropriate for each convict.
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R v Tseka (Criminal Case 5 of 2023) [2023] MWHC 114 (20 December 2023)
High Court of Malawi resentenced Charles Tseka for murder to 37 years’ imprisonment with hard labour, after finding the mandatory death penalty unconstitutional.
R v Thifu (Criminal Case 3 of 2023) [2023] MWHC 118 (20 December 2023)
The mandatory death sentence for murder is unconstitutional; resentencing must consider general sentencing principles, aggravating and mitigating factors, and the individual circumstances of the offender. The convict, though guilty of a serious premeditated murder, is a first offender and does not fall within the category of the 'worst of murderers.' A custodial sentence of 42 years with hard labour, effective from the date of arrest, is appropriate.
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