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Malawi decisions
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The High Court of Malawi entered a discontinuance on the DPP’s certificate, discharged six accused persons, and ordered that any bail recognizances be discharged.
The High Court dismissed the 2nd Respondent’s stay application as incompetent, holding it was brought under the wrong rules and without good cause to excuse the defects.
S (On Application of Richard Chimwendo Banda) v Director of Public Prosecutions & The Inspector General of the Malawi Police Service (Judicial Review No. 01 of 2026) [2026] MWHC 1 (14 January 2026)
High Court of Malawi judicial review decision in S (On Application of Richard Chimwendo Banda) against the Director of Public Prosecutions and the Inspector General of the Malawi Police Service.
The High Court of Malawi held that the challenged secondment decisions were amenable to judicial review, dismissed the discharge application with costs, and kept the stay in place.
Kadzamira v Sub Traditional Authority Kawere & 3 Others v Attorney General( Ministry of Lands) (Civil Cause 373 of 2020) [2025] MWHCCiv 15 (30 December 2025)
High Court held the claimant’s lease was void for late registration and the defendants’ earlier registered lease had priority, defeating the trespass claim.
R v Chingolo (Criminal Appeal Cause No. 14 of 2024) [2025] MWHCCrim 2 (19 December 2025)
The High Court dismissed the Republic’s appeal against acquittal, holding the prosecution had not proved a prima facie case on five counts involving Gammora and HIV claims.
The High Court dismissed an election petition challenging the Lilongwe City Kamphuno parliamentary result, holding that the petitioner’s evidence was procedurally defective and inadmissible.
GM Plastics Industry Limited v Shamrock Group Of Companies Limited (Commercial Cause 327 of 2018) [2025] MWHC 25 (26 November 2025)
The Claimant proved on the balance of probabilities that an agreement existed for compensation in Malawi Kwacha equivalent to US$25,000, and the Defendant breached this agreement by failing to pay. The claim is not illegal as payment is sought in local currency, with US Dollars as a reference. Defendant's failure to call witnesses supports adverse inference against its case.
Source excerpt
The High Court dismissed an election petition over Chikwawa North, holding the petitioner did not prove irregularities that materially affected the result.
The High Court of Malawi held that proved vote buying and improper polling-station conduct largely compromised the Mzimba Hora parliamentary election and declared the returned member not duly elected.
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