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Malawi Case Law

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Constitutional law [2025] MWHCFin 2

The State(On The Application Of The Director Of The Public Prosecutions) vs The Chief Justice Of The High Court Of Malawi

The State(On The Application Of The Director Of The Public Prosecutions) vs The Chief Justice Of The High Court Of Malawi (Judicial Review Cause 4 of 2025) [2025] MWHCFin 2 (2 September 2025)

Court
High Court of Malawi Financial Crimes Division
Case number
Judicial Review Cause 4 of 2025

The High Court refused permission for judicial review of the Chief Justice’s certification of a criminal matter as constitutional, holding the certification was judicial and final.

  • Certification of constitutional matters
  • Judicial review
  • High court procedure
  • Statutory interpretation
  • Judicial-review
  • Constitutional-certification
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Judicial review

The State (on the application of the Director of Public Prosecutions) v The Chief Justice of the High Court of Malawi

The High Court refused permission to seek judicial review of the Chief Justice’s certification of a criminal matter as constitutional, holding the certification was judicial and conclusive.

  • Certification of constitutional matters
  • High court composition under section 9 of the courts act
  • Procedural irregularity
  • Service and summons procedure
  • Appealability/finality of certification decisions
  • Judicial-review
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Administrative law

The State (on application by Dr. Michael B. Usi) v The Acting Director of the Anti-Corruption Bureau

The High Court partly granted judicial review permission and a stay over an ACB notice, but refused the challenge to the Acting Director’s authority.

  • Judicial review permission
  • Preliminary scrutiny of arguable case
  • Authority of acting director of the anti-corruption bureau
  • Reasonableness of notice to answer questions and produce documents
  • Freedom of expression during election campaign
  • Stay pending judicial review
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Constitutional law [2025] MWHCFin 3

The State vs The Acting Director of the Anti-Corruption Bureau

The State vs The Acting Director of the Anti-Corruption Bureau (Judicial Review Cause 5 of 2025) [2025] MWHCFin 3 (31 August 2025)

Court
High Court of Malawi Financial Crimes Division
Case number
Judicial Review Cause 5 of 2025

High Court ruling on a judicial review application challenging an ACB notice to Vice President Dr Michael B. Usi. Permission was granted on expression issues and the notice was partly stayed.

  • Freedom of expression
  • Judicial review
  • Statutory interpretation
  • Corruption investigation
  • Campaign rights
  • Judicial-review
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Election law [2025] MWHC 17

Binda vs Malawi Electoral Commission (Electoral Case 4 of 2025)

Binda vs Malawi Electoral Commission (Electoral Case 4 of 2025) [2025] MWHC 17 (29 August 2025)

Court
High Court of Malawi
Case number
Electoral Case 4 of 2025

The High Court of Malawi issued expedited directions in a challenge to the Electoral Commission’s exclusion of Daniel Binda from the parliamentary candidates list.

  • Candidate exclusion
  • Judicial review
  • Procedural directions
  • Election-law
  • Judicial-review
  • Candidate-exclusion
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Constitutional law [2025] MWHC 19

The State( On The Application Of Democratic Progressive Party) vs Electoral Commission & Mpesi

The State( On The Application Of Democratic Progressive Party) vs Electoral Commission & Mpesi (Judicial Review Cause 36 of 2022) [2025] MWHC 19 (20 August 2025)

Court
High Court of Malawi
Case number
Judicial Review Cause 36 of 2022

The claimant failed to demonstrate any specific injury or legally protected right infringed by the appointment of the interested party as Chief Elections Officer. The claimant's fears were speculative and not based on any actual breach or decision. Judicial review cannot be founded on anticipated future decisions or speculative harm. The claimant lacked locus standi and sufficient interest; therefore, permission for judicial review and interlocutory injunction was denied.

Source excerpt

  • Locus standi
  • Judicial review
  • Appointment of public officers
  • Apolitical requirements
  • Injunctions
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Case law [2025] MWHC 16

TOF Investment CO. LTD v The Registered Trustees Of The Church of Central Africa Presbyterian(CCAP)

TOF Investment CO. LTD v The Registered Trustees Of The Church of Central Africa Presbyterian(CCAP) (Commercial Cause 86 of 2023) [2025] MWHC 16 (11 August 2025)

Court
High Court of Malawi
Case number
Commercial Cause 86 of 2023

High Court of Malawi judgment in Commercial Cause 86 of 2023. The available record provides the parties, citation, and date, but not the substantive issues or outcome.

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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.