Malawi Case Law

R v Khoviwa

R v Khoviwa (Criminal Case 20 of 2023) [2023] MWHC 116 (20 December 2023)

Court

High Court of Malawi

Case number

Criminal Case 20 of 2023

The mandatory death sentence for murder is unconstitutional. Sentencing must consider both aggravating and mitigating factors, including the seriousness of the offence, the use of a weapon, group action, lack of premeditation, youth of the offender, first offender status, and capacity for rehabilitation. The convict does not fall within the category of the worst murderers and thus does not deserve the death penalty or life imprisonment. A custodial sentence of 36 years is appropriate, to run from the date of arrest.

Source excerpt

• Murder
• Sentencing
• Resentencing
• Mitigating and aggravating factors
• Constitutionality of mandatory sentences

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Bilderburg v S

Bilderburg v S (Criminal Case 1143 of 2023) [2023] MWHC 44 (15 December 2023)

Court

High Court of Malawi

Case number

Criminal Case 1143 of 2023

The court denied William Bilderburg’s fourth bail application, holding that deletion of an INTERPOL red notice did not change the earlier flight-risk assessment.

• Bail
• Flight risk
• Judicial impartiality
• Flight-risk
• Judicial-recusal
• Criminal-procedure

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Mumba v Opportunity International Bank of Malawi

Mumba v Opportunity International Bank of Malawi (Civil Cause 49 of 2016) [2023] MWHCCiv 9 (15 December 2023)

Court

High Court of Malawi Civil Division

Case number

Civil Cause 49 of 2016

The Defendant failed to provide evidence of the Claimant's impecuniosity or risk that the appeal would be rendered nugatory; the issue on appeal is only the quantum of damages, not liability, so a stay is not warranted.

Source excerpt

• Stay of execution
• Summary judgment
• Damages
• Trespass
• Defamation
• Right to privacy

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Chibuku Products Limited v Chilongo

Chibuku Products Limited v Chilongo (Civil Appeal 10 of 2022) [2023] MWHC 59 (14 December 2023)

Court

High Court of Malawi

Case number

Civil Appeal 10 of 2022

The court reassessed compensation for unfair dismissal and severance, found the employee only minimally contributed, and made a boosted monetary award.

• Unfair dismissal
• Compensation
• Severance allowance
• Employment benefits
• Currency devaluation
• Unfair-dismissal

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Chibuku Products Limited v Chilongo

Chibuku Products Limited v Chilongo (Civil Appeal 10 of 2022) [2023] MWHC 70 (14 December 2023)

Court

High Court of Malawi

Case number

Civil Appeal 10 of 2022

High Court appeal on reassessment of compensation for unfair dismissal and severance allowance. The court awarded MK26,380,142.57 after statutory calculation and a devaluation uplift.

• Unfair dismissal
• Compensation
• Severance allowance
• Employment benefits
• Currency devaluation
• Unfair-dismissal

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Republic v Selenji (Confirmation Cause 520 of 2023)

Republic v Selenji (Confirmation Cause 520 of 2023) [2023] MWHCCrim 12 (13 December 2023)

Court

High Court of Malawi Criminal Division

Case number

Confirmation Cause 520 of 2023

The High Court of Malawi confirmed a defilement conviction on a guilty plea but enhanced the sentence from 18 to 25 years, finding it too lenient.

• Defilement
• Sentencing
• Plea of guilt
• Aggravating and mitigating factors
• Criminal-sentencing
• Guilty-plea

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Democratic Progressive Party v Nankhumwa and 3 others (MSCA Miscellaneous Civil Application 60 of 2023)

Democratic Progressive Party v Nankhumwa and 3 others (MSCA Miscellaneous Civil Application 60 of 2023) [2023] MWSC 33 (13 December 2023)

Court

Malawi Supreme Court of Appeal

Case number

MSCA Miscellaneous Civil Application 60 of 2023

A single judge of the Malawi Supreme Court of Appeal declined an ex parte stay application, holding it was premature because the lower court had not refused the request.

• Stay of proceedings
• Ex parte applications
• Concurrent jurisdiction
• Ex-parte-applications
• Stay-pending-appeal
• Civil-procedure

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Kalumo and three others v Standard Bank PLC (431 of 2017, 430 of 2017, 432 of 2017 and 561 of 2017)

Kalumo and three others v Standard Bank PLC (431 of 2017, 430 of 2017, 432 of 2017 and 561 of 2017) [2023] MWHC 78 (12 December 2023)

Court

High Court of Malawi

Case number

431 of 2017, 430 of 2017, 432 of 2017 and 561 of 2017

Consolidated unfair dismissal claims against Standard Bank PLC. The court assessed compensation and severance pay, awarded enhanced sums, and boosted them by 50% for devaluation.

• Unfair dismissal
• Compensation assessment
• Severance pay
• Statutory interpretation
• Quantum of damages
• Unfair-dismissal

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State on application of Alliance One Tobacco Malawi Limited v The Commissioner General of Malawi Revenue Authority

State on application of Alliance One Tobacco Malawi Limited v The Commissioner General of Malawi Revenue Authority (Miscellaneous Civil Application 54 of 2023) [2023] MWSC 27 (12 December 2023)

Court

Malawi Supreme Court of Appeal

Case number

Miscellaneous Civil Application 54 of 2023

The Supreme Court of Appeal dismissed a stay application, holding that no competent appeal lay from refusal of leave for judicial review and the cited rules did not support the motion.

• Stay of execution
• Leave to apply for judicial review
• Appeals procedure
• Jurisdiction
• Stay-pending-appeal
• Judicial-review-leave

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Mulli Brothers Limited v Eco Bank Limited

Mulli Brothers Limited v Eco Bank Limited (Commercial Cause 399 of 2020) [2023] MWHC 95 (8 December 2023)

Court

High Court of Malawi

Case number

Commercial Cause 399 of 2020

The High Court dismissed Ecobank’s application to discharge an interlocutory injunction over Chitakale Estate, finding the application out of time and misconceived.

• Injunctions
• Loan default
• Assignment of proceeds
• Enforcement of court orders
• Interlocutory-injunctions
• Assignment-of-proceeds

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