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Malawi decisions
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Limbarda t/a Moon Puffs v Libertas General Insurance Company Limited (Commercial Cause 226 of 2020) [2023] MWHC 97 (8 December 2023)
The High Court of Malawi entered summary judgment for the claimant in an insurance dispute, holding that the defendant’s fraud defence lacked the particularity required by law.
Fargo Limited v Ecobank Malawi Limited (Commercial Case 101 of 2021) [2023] MWHC 45 (7 December 2023)
The imposition of penalty interest on a secured debt is not commercially justifiable and is unconscionable. The Defendant cannot be compensated through both penalty interest and security. The penalty interest clause is penal and unenforceable; thus, the transaction must be reopened and the outstanding balance recalculated excluding penalty interest.
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Waterfalls International Holdings Limited v Chikola t/a Chikola Investments (Commercial Cause 144 of 2023) [2023] MWHC 49 (5 December 2023)
The High Court of Malawi dismissed the defendant’s application for summary judgment on a counterclaim for payment for fertiliser, finding triable issues over title and the alleged theft.
Edna Nyirenda & five others v Medical AID of Malawi (IRC MATTER 632 of 2020) [2023] MWHCCiv 18 (4 December 2023)
The Industrial Relations Court assessed compensation after finding the respondent liable for unfair dismissal, awarding each applicant compensation, severance, and refund of deducted salary.
S (on application by RAISE 1996 (Private) Ltd v Malawi Communications Regulatory Authority (Judicial Review Cause 1 of 2023) [2023] MWHCCiv 44 (1 December 2023)
The High Court of Malawi held that the regulator acted ultra vires by applying tariff approval rules to DStv services outside the claimant’s licence, and quashed the decisions.
Thomson & 53 others v Telekom Networks Malawi PLC (IRC Appeal 9 of 2023) [2023] MWHCCiv 8 (1 December 2023)
The court held that the Supreme Court's decision in Mkaka One was made per incuriam and is not binding; consultation is obligatory in all instances of redundancy due to operational requirements, not only when provided in the Terms and Conditions of Service. The appellants were not consulted, rendering their dismissals unfair.
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R v Mbedza (Criminal Appeal 15 of 2017) [2023] MWHC 124 (1 December 2023)
The High Court dismissed the State’s criminal appeal and upheld Ireen Mbedza’s acquittal for alleged theft by public servant and alternative negligence.
Mussa v Mussa and 3 Others (Commercial Cause 226 of 2020) [2023] MWHC 88 (29 November 2023)
The High Court of Malawi ordered the claimant to provide security for costs, finding the claim uncertain, inconsistent, and brought by an impecunious resident outside the jurisdiction.
SKIPCO Malawi Limited vs Blantyre Printing & Publishing CO. LTD. and Blantyre Printing & Packaging CO. LTD (Commercial Cause 35 of 2008) [2023] MWHC 50 (29 November 2023)
The High Court dismissed an application to assess further interest after the parties had executed and paid under an Agreed Order fixing the interest sum.
Safeguard Security Services Limited v Electricity Supply Corporation of Malawi Limited (Commercial Cause 203 of 2022) [2023] MWHC 96 (23 November 2023)
The application to set aside the stay of execution fails because the judgment remains inchoate pending assessment of interest, and enforcement should only occur after the judgment is complete.
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