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Malawi decisions
Source-linked decisions currently available to browse
R v Chilumpha and Another (Criminal Cause 13 of 2006) [2023] MWHC 128 (18 October 2023)
The High Court of Malawi discharged the accused after a 15-year prosecutorial delay, finding the State unwilling to proceed and invoking section 247(1).
Electricity Supply Commission of Malawi Limited v Aggreko International Projects Limited (Commercial Cause 396 of 2022) [2023] MWHC 91 (13 October 2023)
The court found the allegation of contempt of court by the defendant to be serious and held that such allegations must be investigated before the matter can proceed. The preliminary objection was sustained, and the claimant was directed to file contempt proceedings within 14 days.
Source excerpt
Electricity Supply Commission of Malawi Limited v Aggreko International Projects Limited (Commercial Cause 396 of 2022) [2023] MWHC 55 (13 October 2023)
The court found the allegation that the defendant encashed the bank guarantee in violation of the freezing order to be serious and held that contempt proceedings must be addressed before the matter can proceed.
Source excerpt
Eliot v R (Miscellaneous Criminal Case 61 of 2023) [2023] MWHC 120 (4 October 2023)
The High Court of Malawi granted bail pending trial, finding the State had not proved flight risk or danger to the applicant if released.
Kamunga v Kamunga (Probate Cause 197 of 2023) [2023] MWHCFam 15 (30 September 2023)
High Court of Malawi Family and Probate Division matter in Probate Cause 197 of 2023. The available source data identifies the case but provides no substantive judgment text.
Chilimba v Kaliyati (Civil Cause 42 of 2020) [2023] MWHC 113 (29 September 2023)
The High Court of Malawi found the defendant in contempt for disobeying land-access orders and using abusive and violent conduct, imposing committal, a fine, and enforcement directions.
Mjoso v NBS Bank Limited (Commercial Cause 283 of 2016) [2023] MWHC 87 (27 September 2023)
High Court case over a bank’s sale of charged property upheld the charge and sale, but the court struck down penalty or default interest as unlawful.
R v Harazi (Homicide Case 32 of 2020) [2023] MWHCCrim 15 (23 September 2023)
After a guilty plea to manslaughter, the High Court of Malawi sentenced Dyson Maxwell Harazi to 5 years’ imprisonment, balancing mitigation against the seriousness of the death.
Mogra v Toyo Trading Company Limited and Another (Commercial Cause 170 of 2018) [2023] MWHC 98 (22 September 2023)
The court dismissed an interpleader claim over seized goods, found the claimant was using a related company structure to frustrate enforcement, and ordered the sale to proceed.
John v R (Criminal Appeal 24 of 2020) [2023] MWHC 115 (20 September 2023)
The High Court of Malawi dismissed a criminal appeal against a defilement conviction and 14-year sentence, holding the guilty plea was unequivocal and properly recorded.
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