Malawi Case Law

Matindi Private Academy Limited v Maranatha Boys Academy Limited

Matindi Private Academy Limited v Maranatha Boys Academy Limited (Commercial Cause 285 of 2021) [2023] MWHC 93 (3 November 2023)

Court

High Court of Malawi

Case number

Commercial Cause 285 of 2021

The High Court of Malawi refused a claimant’s request to stay civil proceedings pending criminal proceedings against a witness, finding no real risk of injustice was shown.

• Stay of proceedings
• Assessment of damages
• Interaction between civil and criminal proceedings
• Stay-of-proceedings
• Civil-procedure
• Civil-and-criminal-proceedings

Read case analysis

State Alliance one tobacco v The commissioner general of the Malawi revenue authority

State Alliance one tobacco v The commissioner general of the Malawi revenue authority (Judicial Review Case 11 of 2022) [2023] MWHC 84 (31 October 2023)

Court

High Court of Malawi

Case number

Judicial Review Case 11 of 2022

High Court of Malawi judgment in a judicial review case between State Alliance one tobacco and the Commissioner General of the Malawi Revenue Authority.

• Judicial-review

Read case analysis

United Purpose v Dzuwa and 4 Others

United Purpose v Dzuwa and 4 Others (Miscellaneous Civil Appeal 12 of 2023) [2023] MWHCCiv 41 (27 October 2023)

Court

High Court of Malawi Civil Division

Case number

Miscellaneous Civil Appeal 12 of 2023

The High Court refused an oral request to amend a stay application to add a statutory basis, holding the omission was irregular and could not cure an earlier jurisdictional defect.

• Amendment of pleadings
• Stay of execution
• Jurisdiction
• Costs
• Civil-procedure
• Amendment-of-pleadings

Read case analysis

State(on the Application of the Registered Trustees of Seventh Day Adventist Association of Malawi )v Minister of Justice

State(on the Application of the Registered Trustees of Seventh Day Adventist Association of Malawi )v Minister of Justice (Judicial Review Case 55 of 2021) [2023] MWHC 131 (27 October 2023)

Court

High Court of Malawi

Case number

Judicial Review Case 55 of 2021

The High Court quashed the incorporation of a similar Seventh-Day Adventist trust name as unlawful and unreasonable, finding non-compliance with incorporation rules and no proper review.

• Judicial review
• Incorporation of trusts
• Locus standi
• Forgery of official documents
• Procedural fairness
• Judicial-review

Read case analysis

Bilderberg Limited and Bilderberg v Ecobank Malawi Limited

Bilderberg Limited and Bilderberg v Ecobank Malawi Limited (Commercial Case 157 of 2022) [2023] MWHCCrim 9 (26 October 2023)

Court

High Court of Malawi Criminal Division

Case number

Commercial Case 157 of 2022

The court dismissed contempt allegations against Ecobank directors and suspended a mandatory injunction, holding there was no willful disobedience and criminal proceedings took precedence.

• Freezing orders
• Injunctions
• Contempt of court
• Due process
• Good faith compliance
• Property rights

Read case analysis

Mkandawire v Banda

Mkandawire v Banda (Civil Cause 30 of 2019) [2023] MWHCCiv 34 (24 October 2023)

Court

High Court of Malawi Civil Division

Case number

Civil Cause 30 of 2019

The High Court of Malawi dismissed the defendant’s application to strike out the case for want of prosecution, finding the claimant had taken further steps.

• Want of prosecution
• Costs
• Case management
• Want-of-prosecution
• Civil-procedure
• Case-management

Read case analysis

Finsbury Investment Limited v Registrar of Financial Institutions (MISC Civil Application 43 of 2023)

Finsbury Investment Limited v Registrar of Financial Institutions (MISC Civil Application 43 of 2023) [2023] MWSC 39 (23 October 2023)

Court

Malawi Supreme Court of Appeal

Case number

MISC Civil Application 43 of 2023

The Malawi Supreme Court of Appeal dismissed Finsbury Investment Limited’s renewed application for leave to seek judicial review, citing inordinate delay and no valid basis.

• Judicial review
• Delay in filing
• Regulatory approval of bank acquisition
• Judicial-review
• Delay-in-filing
• Banking-law

Read case analysis

Malinda and 55 Others v Carlsberg Malawi Limited (MSCA Civil Appeal 4 of 2023)

Malinda and 55 Others v Carlsberg Malawi Limited (MSCA Civil Appeal 4 of 2023) [2023] MWSC 25 (23 October 2023)

Court

Malawi Supreme Court of Appeal

Case number

MSCA Civil Appeal 4 of 2023

The Malawi Supreme Court of Appeal set aside an ex parte order for security for costs in a labour appeal, holding that costs are generally not awarded on appeal.

• Security for costs
• Costs in labour appeals
• Security-for-costs
• Labour-appeals
• Costs-in-labour-matters
• Civil-procedure

Read case analysis

William v The Republic (MISC Criminal Application 8 of 2023)

William v The Republic (MISC Criminal Application 8 of 2023) [2023] MWSC 47 (19 October 2023)

Court

Malawi Supreme Court of Appeal

Case number

MISC Criminal Application 8 of 2023

The Supreme Court of Appeal dismissed an application for bail pending appeal, finding no exceptional circumstances and refusing to reconsider the merits at this stage.

• Bail pending appeal
• Defilement
• Standards for granting bail
• Discretion of appellate court
• Bail-pending-appeal
• Criminal-appeal

Read case analysis

Mbale v Southern Bottlers Limited

Mbale v Southern Bottlers Limited (Civil Cause 300 of 2015) [2023] MWHCCiv 37 (18 October 2023)

Court

High Court of Malawi Civil Division

Case number

Civil Cause 300 of 2015

The application to dismiss for want of prosecution was incurably irregular because it was brought under the 2017 Rules, which do not apply to proceedings commenced before 3 October 2017. The Plaintiff's action was also incurably irregular due to prosecution under hybrid procedural rules. Both the application and the action were set aside and dismissed.

Source excerpt

• Want of prosecution
• Application of procedural rules
• Dismissal of suit
• Costs

Read case analysis