Malawi Case Law

Nsabimana v S

Nsabimana v S (Miscellaneous Criminal Review 5 of 2023) [2023] MWHC 42 (24 August 2023)

Court

High Court of Malawi

Case number

Miscellaneous Criminal Review 5 of 2023

The Chief Resident Magistrate committed an error of law by refusing to assume jurisdiction over the application for unconditional release without giving reasons for the decision. However, the application before the CRM was incompetent as it only cited the Constitution and not the relevant statutory provisions conferring jurisdiction. Magistrate courts do not have unlimited original jurisdiction and can only act within powers conferred by statute. Furthermore, courts should not entertain bail applications where the applicant has not been charged. The requirement to give reasons for judicial de…

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• Jurisdiction of magistrate courts
• Unlawful detention
• Requirement to give reasons for judicial decisions
• Bail and release procedures
• Deportation

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Kamange v Mireku

Kamange v Mireku (Matrimonial Cause 20 of 2022) [2023] MWHCFam 8 (18 August 2023)

Court

High Court of Malawi Family and Probate Division

Case number

Matrimonial Cause 20 of 2022

The High Court of Malawi found an appearance of perjury in a divorce property dispute and referred the matter for trial before a Resident Magistrate.

• Perjury
• Matrimonial property
• Jurisdiction
• Ancillary orders
• Matrimonial-property
• Civil-procedure

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Kamange v Mireku

Kamange v Mireku (Matrimonial Cause 20 of 22) [2023] MWHCFam 10 (18 August 2023)

Court

High Court of Malawi Family and Probate Division

Case number

Matrimonial Cause 20 of 22

High Court of Malawi Family and Probate Division judgment in Kamange v Mireku, a matrimonial cause decided on 18 August 2023. The supplied record contains only case metadata.

• Matrimonial-cause
• Family-law
• High-court

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Kapusa v Malawi Broadcasting Corporation (IRC MATTER 44 of 2020)

Kapusa v Malawi Broadcasting Corporation (IRC MATTER 44 of 2020) [2023] MWIRC 3 (17 August 2023)

Court

Industrial Relations Court of Malawi

Case number

IRC MATTER 44 of 2020

The correct approach to compensation for unfair dismissal under the Employment Act is to start with the statutory minimum in s. 63(5) and adjust upwards only if justified under s. 63(4) as just and equitable, considering the conduct of both parties. The Assistant Registrar erred by applying heads of damages not recognized under the Act. The applicant is entitled to the statutory minimum plus an uplift to reflect the harshness of the dismissal, but not compensation up to retirement or for heads of damages such as immediate or future loss.

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• Unfair dismissal
• Compensation assessment
• Statutory interpretation

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Nkhoma v First Merchant Bank

Nkhoma v First Merchant Bank (Civil Cause 41 of 2016) [2023] MWHC 119 (9 August 2023)

Court

High Court of Malawi

Case number

Civil Cause 41 of 2016

The Defendant merely reported the loss to the police, who acted independently in arresting and prosecuting the Claimant; thus, the claim for false imprisonment and defamation fails. However, the Defendant, through its lawyers, obtained consent to prosecute but failed to proceed, indicating lack of reasonable and probable cause, and thus the claim for malicious prosecution succeeds. The claim for reimbursement of legal fees fails for lack of evidence.

Source excerpt

• False imprisonment
• Malicious prosecution
• Defamation
• Legal costs

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Tamando Lama Chokotho v FDH Bank PLC

The court refused to continue an interlocutory injunction over charged property already sold and transferred, and dismissed the claim with costs.

• Interlocutory injunction
• Chargee's power of sale
• Private treaty sale
• Reserve price
• Loan default
• Disclosure on without notice application

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Chokotho v FDH Bank PLC

Chokotho v FDH Bank PLC (Commercial Cause 14 of 2023) [2023] MWHC 108 (8 August 2023)

Court

High Court of Malawi

Case number

Commercial Cause 14 of 2023

The Claimant's action fails because the property was already sold and transferred by private treaty before the injunction was granted; the Defendant was not required to sell at or above the reserve price for a private treaty sale; the only remedy available after exercise of the power of sale is damages, which the Claimant did not seek; and no arguable case or triable issue was disclosed.

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• Mortgage enforcement
• Power of sale
• Interlocutory injunctions
• Private treaty sale
• Reserve price
• Damages

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Dalitso General Suppliers Limited v National Bank of Malawi (MSCA Misc. Application 19 of 2023)

Dalitso General Suppliers Limited v National Bank of Malawi (MSCA Misc. Application 19 of 2023) [2023] MWSC 42 (7 August 2023)

Court

Malawi Supreme Court of Appeal

Case number

MSCA Misc. Application 19 of 2023

The Supreme Court of Appeal dismissed a stay application, holding that the challenged High Court order vacating an injunction was inchoate and not appealable.

• Stay of execution
• Interlocutory injunctions
• Appeals
• Loan facilities
• Security for debt
• Stay-of-execution

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RSC Limited v Mota Engil Engenharia Construcao Africa

RSC Limited v Mota Engil Engenharia Construcao Africa (Commercial Cause 485 of 2021) [2023] MWHC 94 (1 August 2023)

Court

High Court of Malawi

Case number

Commercial Cause 485 of 2021

The court found no proved waiver of interest, but referred the interest cut-off point to the trial judge before determining the final quantum.

• Assessment of interest
• Waiver of interest
• Debt recovery
• Assessment-of-interest
• Waiver-of-interest
• Commercial-debt-recovery

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R v Chilima

R v Chilima (Criminal Case 10 of 2023) [2023] MWHC 40 (1 August 2023)

Court

High Court of Malawi

Case number

Criminal Case 10 of 2023

The High Court of Malawi partly varied bail conditions for Vice President Saulos Chilima, removing reporting and passport deposit requirements as unnecessary and replacing them with less restrictive measures.

• Bail
• Variation of bail conditions
• Right to liberty
• Flight risk
• Judicial discretion
• Variation-of-bail-conditions

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