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Malawi Case Law

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Commercial law [2025] MWHC 27

African Minerals and Energy Holdings Limited v Tiyuni Holdings Limited

African Minerals and Energy Holdings Limited v Tiyuni Holdings Limited (Commercial Division Case 42 of 2025) [2025] MWHC 27 (21 November 2025)

Court
High Court of Malawi
Case number
Commercial Division Case 42 of 2025

The Claimant demonstrated a serious question to be tried regarding the Defendant's breach of contract and unlawful interference with mining rights. Damages may not be an adequate remedy due to difficulty in quantification and risk of irreparable harm. The procedural irregularity of late filing was minor and did not prejudice the Defendant, and the alleged suppression of material facts was not material to the grant of the injunction. The balance of convenience and justice favoured continuation of the injunction.

Source excerpt

  • Interlocutory injunctions
  • Mining rights
  • Contractual breach
  • Equitable remedies
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Company law [2025] MWHC 26

Katete Dairy Farm (1999) Limited v Ghambi & 2 others

Katete Dairy Farm (1999) Limited v Ghambi & 2 others (Miscellaneous Civil Application 171 of 2013) [2025] MWHC 26 (20 November 2025)

Court
High Court of Malawi
Case number
Miscellaneous Civil Application 171 of 2013

The High Court set aside a default judgment and vacated an injunction after finding the defendants had not been served and had an arguable defence.

  • Default judgment
  • Service of process
  • Injunction
  • Shareholding forfeiture
  • Extension of time
  • Default-judgment
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Election law [2025] MWHC 24

Mia v Malola & Malawi Electoral Commision

Mia v Malola & Malawi Electoral Commision (Election Petition 58 of 2025) [2025] MWHC 24 (11 November 2025)

Court
High Court of Malawi
Case number
Election Petition 58 of 2025

Only one irregularity was proved (unsigned original result sheet for Nabisi F. P. School), but it did not affect the overall election result. All other alleged irregularities were not substantiated or did not constitute non-compliance with statutory requirements. The petition was properly brought only as an appeal from the Electoral Commission’s decision, and criminal allegations (handouts, campaigning outside period) were not within the court’s jurisdiction in this civil proceeding. The proven irregularity was not material enough to warrant nullification of the election.

Source excerpt

  • Irregularities in election process
  • Burden of proof
  • Nullification of election
  • Procedural competence
  • Statutory interpretation
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Election law

Msaka SC & Makanjira v Muluzi & MEC

The High Court of Malawi sustained a preliminary objection and dismissed an electoral petition for late-filed sworn statements and an incurable jurisdictional defect.

  • Preliminary objection
  • Late filing of sworn statements
  • Jurisdiction
  • Election petition commencement under section 100 of the presidential, parliamentary and local government elections act
  • Election-law
  • Preliminary-objection
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Criminal law [2025] MWHCCrim 1

Bushiri & Bushiri v Republic of South Africa

Bushiri & Bushiri v Republic of South Africa (Criminal Review Case 5 of 2025) [2025] MWHCCrim 1 (31 October 2025)

Court
High Court of Malawi Criminal Division
Case number
Criminal Review Case 5 of 2025

High Court review of an extradition committal was allowed, setting aside the order against Shepherd and Mary Bushiri and refusing extradition.

  • Extradition proceedings
  • Right to fair hearing
  • Authentication of documents
  • Hearsay evidence
  • Judicial discretion
  • Right to life
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Constitutional law [2025] MWHCCiv 14

AC(A Minor) acting through Litigation Guardian Mr CJ vs Solomon & 4 others

AC(A Minor) acting through Litigation Guardian Mr CJ vs Solomon & 4 others (Civil Cause 162 of 2023) [2025] MWHCCiv 14 (28 October 2025)

Court
High Court of Malawi Civil Division
Case number
Civil Cause 162 of 2023

A minor girl who becomes pregnant as a result of sexual violence is automatically entitled to access safe termination of pregnancy under section 19(1)(a) and 19(2) of the Gender Equality Act, read with section 243 of the Penal Code, which must be interpreted purposively to include preservation of mental health. The 1st defendant breached statutory duties by denying access and failing to impart necessary information. The 2nd defendant is vicariously liable. The 3rd defendant breached its mandate by failing to promulgate clear guidelines. The 4th defendant breached its statutory duties by faili…

Source excerpt

  • Sexual and reproductive health rights
  • Abortion law
  • Gender equality
  • Vicarious liability
  • Statutory interpretation
  • Mental health
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Electoral law

Mike Chimzukila v Malawi Electoral Commission (Attorney General)

The High Court dismissed an interlocutory injunction application in an electoral matter because no substantive proceedings had been commenced and the wrong procedure was used.

  • Interlocutory injunction
  • Procedural competence
  • Commencement of substantive proceedings
  • Electoral dispute procedure
  • Interlocutory-injunction
  • Electoral-disputes
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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.