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Malawi decisions
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State v Mfune and Others (Case Number 29 of 2023) [2023] MWHCCrim 13 (20 November 2023)
The High Court of Malawi dismissed an appeal against sentence for arson, holding that eight years’ imprisonment with hard labour was harsh but not manifestly excessive.
Southern Botttlers Limited v Nissan Malawi Motors Ltd (Commercial Cause 157 of 2022) [2023] MWHC 77 (20 November 2023)
High Court of Malawi judgment in a commercial cause between Southern Botttlers Limited and Nissan Malawi Motors Ltd, decided on 20 November 2023.
Read case analysisThornicroft v Malawi Housing Corporation (Civil Cause 121 of 2023) [2023] MWHC 129 (17 November 2023)
The High Court set aside an interlocutory injunction protecting an alleged occupier of a Malawi Housing Corporation house, finding suppression of material facts and no arguable tenancy right.
Kayamba Phiri v Agricultural Development and Marketing Corporations LTD (Civil Appeal 15 of 2010) [2023] MWHC 72 (14 November 2023)
High Court appeal in an employment dispute partly allowed only on unlawful deduction from terminal benefits; other challenge grounds failed.
Tandwe v Electricity Supply Commission of Malawi(ESCO M) (IRC MATTER 352 of 2019) [2023] MWHC 79 (14 November 2023)
The Industrial Relations Court dismissed an application to decide the case on a point of law because the dismissal dispute turned on contested facts requiring trial.
Chiramiramadzi v Lilongwe District Council and Maikolo (Land Cause 884 of 2013) [2023] MWHC 71 (14 November 2023)
The High Court held the claimant had no right of first refusal to buy the council house, dismissed the claim, and upheld the sale to the employee-purchaser.
S (on the Application of Chunara) and Another v Director of Public Prosecutions (MISC Civil Application 50 of 2023) [2023] MWSC 43 (10 November 2023)
The applicants failed to demonstrate sufficient cause for the 16-month delay in seeking judicial review, as they did not show adequate efforts to mitigate the delay or follow up with their counsel. Even if time were extended, the issues raised are more appropriately addressed by the trial court, not through judicial review.
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The Supreme Court of Appeal dismissed an application to set aside or vary a stay-and-payment order, holding it was wrongly brought, delayed, and unsupported.
State On the Application of Chinara and 1 other v Director of Public Prosecutions (Miscellaneous Civil Application 50 of 2023) [2023] MWSC 30 (10 November 2023)
Applicants failed to demonstrate sufficient cause for delay or diligence in pursuing their rights; mere inaction by counsel is insufficient without evidence of applicants’ own efforts. Even if extension were granted, the issues raised are better addressed by the trial court, not by judicial review.
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Chathila and 3 Others v Central East African Railways Limited (Miscellaneous Civil Application 53 of 2023) [2023] MWSC 48 (10 November 2023)
The application failed because it was not the same as that made in the court below, introduced new facts, and was brought after an inordinate delay. Even if properly before the court, the applicants had not demonstrated an ability to repay the judgment sum if the appeal succeeded, and the lower court's discretion in granting a partial payment was not improperly exercised. Costs were awarded against the applicants as the prohibition on costs in labour matters does not extend to appellate courts.
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