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Malawi Case Law

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Malawi decisions

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Civil procedure [2023] MWHCCiv 43

Registered Trustees of Khusi Trust v Ngwira

Registered Trustees of Khusi Trust v Ngwira (Civil Cause 18 of 2023) [2023] MWHCCiv 43 (19 May 2023)

Court
High Court of Malawi Civil Division
Case number
Civil Cause 18 of 2023

The applications for stay of execution and extension of time to appeal are incompetent and improperly before the Supreme Court of Appeal because they were not first made in the High Court as required by law, leave to appeal was not obtained for a decision made in chambers, and the appeal is premature as assessment of damages is pending. The Court therefore lacks jurisdiction to entertain the applications.

Source excerpt

  • Stay of execution
  • Extension of time to appeal
  • Jurisdiction
  • Default judgment
  • Leave to appeal
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Case law [2023] MWHC 86

Council of the University of Malawi v Gremu and 8 others

Council of the University of Malawi v Gremu and 8 others (Miscellaneous Civil Cause 59 of 2023) [2023] MWHC 86 (19 May 2023)

Court
High Court of Malawi
Case number
Miscellaneous Civil Cause 59 of 2023

High Court of Malawi decision in Miscellaneous Civil Cause 59 of 2023 between the Council of the University of Malawi and Gremu and 8 others.

  • Civil-procedure
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Case law [2023] MWHC 99

State v The Chairperson of the Industrial Relations Court

State v The Chairperson of the Industrial Relations Court (Judicial Review Case 8 of 2023) [2023] MWHC 99 (19 May 2023)

Court
High Court of Malawi
Case number
Judicial Review Case 8 of 2023

High Court of Malawi judicial review matter identified only by citation and case number. The supplied record does not include the court’s reasoning, orders, or substantive issues.

  • Judicial-review
  • High-court
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Family law [2023] MWHCFam 6

Khoromana (on her own behalf & of other beneficiaries of the Estate of Edward Khoromana (Deceased)) v Barlucchi & Unyolo

Khoromana (on her own behalf & of other beneficiaries of the Estate of Edward Khoromana (Deceased)) v Barlucchi & Unyolo (Probate Cause 195 of 2022) [2023] MWHCFam 6 (16 May 2023)

Court
High Court of Malawi Family and Probate Division
Case number
Probate Cause 195 of 2022

The High Court of Malawi dismissed a widow’s probate claim for lack of locus standi because she had not obtained letters of administration, while safeguarding the deceased’s children’s interests.

  • Locus standi
  • Letters of administration
  • Intestacy
  • Beneficiaries' rights
  • Validity of marriage
  • Res judicata
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Case law [2023] MWHCFam 1

Khoromana(on her own behalf and on behalf of other beneficiaries of the estate of Edward Khoromana (deceased) v Barlucchi and Unyolo

Khoromana(on her own behalf and on behalf of other beneficiaries of the estate of Edward Khoromana (deceased) v Barlucchi and Unyolo (Probate Cause 195 of 2022) [2023] MWHCFam 1 (16 May 2023)

Court
High Court of Malawi Family and Probate Division
Case number
Probate Cause 195 of 2022

Probate cause from the High Court of Malawi’s Family and Probate Division concerning the estate of Edward Khoromana (deceased).

  • Probate
  • Estate-administration
  • Inheritance
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Civil procedure [2023] MWCommC 1

Kamwera t/a KM Building Contractors v Zheijang Communications Construction Group Company

Kamwera t/a KM Building Contractors v Zheijang Communications Construction Group Company (Commercial Case 78 of 2020) [2023] MWCommC 1 (16 May 2023)

Court
High Court of Malawi Commercial Division
Case number
Commercial Case 78 of 2020

The High Court set aside a private-treaty sale of seized vehicles, declined to review costs, and ordered repayment of the vehicles’ value to the defendant.

  • Assessment of costs
  • Execution of judgments
  • Sheriffs act
  • Sale by private treaty
  • Abuse of court process
  • Execution-of-judgment
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Case law [2023] MWHCCiv 21

Juma v Magalasi and 1 other (Personal Injury Cause 645 of 2021)

Juma v Magalasi and 1 other (Personal Injury Cause 645 of 2021) [2023] MWHCCiv 21 (16 May 2023)

Court
High Court of Malawi Civil Division
Case number
Personal Injury Cause 645 of 2021

High Court of Malawi Civil Division judgment in a personal injury cause. The available record identifies the parties and citation, but not the judgment’s factual or legal reasoning.

  • Personal-injury
  • Malawi-high-court
  • Civil-division
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Case law [2023] MWHC 82

Sunbird Mount Soche Hotel v Phiri and Others

Sunbird Mount Soche Hotel v Phiri and Others (Civil Appeal Cause 29 of 2022) [2023] MWHC 82 (16 May 2023)

Court
High Court of Malawi
Case number
Civil Appeal Cause 29 of 2022

High Court of Malawi appeal in Sunbird Mount Soche Hotel v Phiri and Others, decided on 16 May 2023. The supplied record does not include the substantive issues or outcome.

  • Appellate-procedure
  • Civil-procedure
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Arbitration [2023] MWHCCrim 8

Chitimbe, Kangoma and kapwepwe (As Administrator of Kapwepwe) v Chalimba

Chitimbe, Kangoma and kapwepwe (As Administrator of Kapwepwe) v Chalimba (Commercial Cause 23 of 2017) [2023] MWHCCrim 8 (12 May 2023)

Court
High Court of Malawi Criminal Division
Case number
Commercial Cause 23 of 2017

The High Court cannot entertain a fresh action on the same subject matter already determined by an arbitrator, as the arbitrator's award is final and binding unless set aside by application for misconduct or improper procurement. The parties' attempt to re-litigate the matter in court constitutes an abuse of process. The arbitrator's award remains intact and enforceable.

Source excerpt

  • Finality of arbitral awards
  • Abuse of process
  • Doctrine of functus officio
  • Enforcement of arbitral awards
  • Setting aside arbitral awards
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Tort law [2023] MWHC 23

Kasiya v OG Paints Limited

Kasiya v OG Paints Limited (Civil Cause 440 of 2019; IRC MATTER 182 of 2020) [2023] MWHC 23 (12 May 2023)

Court
High Court of Malawi
Case number
Civil Cause 440 of 2019 ; IRC MATTER 182 of 2020

The defendant breached both statutory and common law duties of care by failing to fence or guard the dangerous part of the paint mixing machine, directly causing the claimant's injury. The defendant failed to prove genuine financial reasons for dismissal, making the termination unfair. The claimant is entitled to damages for negligence and remedies for unfair dismissal, including reinstatement and salary arrears.

Source excerpt

  • Employer's duty of care
  • Negligence
  • Breach of statutory duty
  • Unfair dismissal
  • Occupational injury
  • Workers' compensation
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About this LexChat collection

Malawi decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.