Malawi Case Law

Msyali v Malawi Housing Corporation (IRC MATTER 99 of 2024)

Msyali v Malawi Housing Corporation (IRC MATTER 99 of 2024) [2025] MWHC 11 (25 April 2025)

Court

High Court of Malawi

Case number

IRC MATTER 99 of 2024

Under the Employment Act, an employer cannot lawfully forfeit annual leave earned and accrued by an employee if not granted before termination; contractual terms purporting forfeiture are void. The applicant is entitled to remuneration for all earned and untaken leave not granted before termination, to be assessed in a subsequent trial.

Source excerpt

• Annual leave
• Employment contract
• Labour relations act
• Leave forfeiture
• Remuneration for accrued leave

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Macsteel Company Limited v Chakumwa

Macsteel Company Limited v Chakumwa (Civil Appeal 17 of 2022) [2025] MWHC 13 (4 April 2025)

Court

High Court of Malawi

Case number

Civil Appeal 17 of 2022

High Court upheld an Industrial Relations Court award for unfair dismissal, rejecting challenges to the compensation assessment, severance allowance, and pleaded losses.

• Unfair dismissal
• Compensation assessment
• Constructive dismissal
• Severance allowance
• Pleadings in industrial court
• Unfair-dismissal

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Kapida v Salima Sugar Company Limited (MATTER NUMBER IRC 59 of 2025)

Kapida v Salima Sugar Company Limited (MATTER NUMBER IRC 59 of 2025) [2025] MWIRC 1 (1 April 2025)

Court

Industrial Relations Court of Malawi

Case number

MATTER NUMBER IRC 59 of 2025

The Industrial Relations Court granted interim relief staying disciplinary processes and dismissal, finding triable issues about authority to discipline the applicant.

• Unlawful dismissal
• Interim relief
• Board authority
• Procedural fairness
• Unfair-dismissal
• Interim-relief

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Plan International Malawi v Mukawa

Plan International Malawi v Mukawa (Civil Appeal Cause 4 of 2020) [2025] MWHCCiv 7 (1 April 2025)

Court

High Court of Malawi Civil Division

Case number

Civil Appeal Cause 4 of 2020

The High Court refused to enlarge time to appeal from the Industrial Relations Court, holding it had no power under the Rules or Labour Relations Act to extend the statutory appeal period.

• Limitation periods
• Extension of time
• Jurisdiction
• Unfair dismissal
• Extension-of-time
• Limitation-periods

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S (on application of Mwangulube t/a Mwangulube & Company) v Disciplinary Committee of the Malawi Law Society

S (on application of Mwangulube t/a Mwangulube & Company) v Disciplinary Committee of the Malawi Law Society (Judicial Review Cause 5 of 2025) [2025] MWHCCiv 6 (25 March 2025)

Court

High Court of Malawi Civil Division

Case number

Judicial Review Cause 5 of 2025

The High Court struck out a preliminary objection in a judicial review case because it was raised orally without a formal application, sworn statement, or skeleton arguments.

• Judicial review
• Disciplinary proceedings
• Double jeopardy
• Practice licence requirements
• Judicial-review
• Preliminary-issues

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Chigaru v Meja & The Attorney General (Ministry of Health/Queen Elizabeth Central Hospital) (Personal Injury Cause 278 of 2021)

Chigaru v Meja & The Attorney General (Ministry of Health/Queen Elizabeth Central Hospital) (Personal Injury Cause 278 of 2021) [2025] MWHC 10 (16 March 2025)

Court

High Court of Malawi

Case number

Personal Injury Cause 278 of 2021

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Source excerpt

• Content Filtered

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Kamanga v Kasongo

Kamanga v Kasongo (Miscellaneous Cause 1 of 2025) [2025] MWHCFam 3 (14 March 2025)

Court

High Court of Malawi Family and Probate Division

Case number

Miscellaneous Cause 1 of 2025

The High Court refused a mother's request to take three children to Canada, finding the relocation lacked sufficient proof of stable housing, finances, and legal compliance.

• Child custody
• Relocation of children
• Dual citizenship
• Best interests of the child
• Best-interests-of-the-child
• Child-relocation

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S (on the application of Malawi Law Society) v Registrar General (as Registrar of Political Parties)

S (on the application of Malawi Law Society) v Registrar General (as Registrar of Political Parties) (Judicial Review Case 14 of 2022) [2025] MWHCCiv 5 (12 March 2025)

Court

High Court of Malawi Civil Division

Case number

Judicial Review Case 14 of 2022

The High Court of Malawi held that the Registrar had to give a written response to the Malawi Law Society’s request for political party funding information.

• Political party funding
• Public interest litigation
• Statutory interpretation
• Locus standi
• Procedural fairness
• Access-to-information

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S (on application of Salimu) v Malawi Law Society

S (on application of Salimu) v Malawi Law Society (Judicial Review Cause 6 of 2025) [2025] MWHCCiv 4 (11 March 2025)

Court

High Court of Malawi Civil Division

Case number

Judicial Review Cause 6 of 2025

Section 91 of LELPA does not offend section 43 of the Constitution; the Disciplinary Committee's role is consistent with administrative justice; the Code of Ethics covers both personal and professional conduct; the application is premature as the applicant has not been heard; leave to commence judicial review and injunction are discharged.

Source excerpt

• Judicial review
• Disciplinary proceedings
• Legal practitioners
• Procedural fairness

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Kulinji v Mlabowa

Kulinji v Mlabowa (Matrimonial Cause 29 of 2023) [2025] MWHCFam 2 (11 March 2025)

Court

High Court of Malawi Family and Probate Division

Case number

Matrimonial Cause 29 of 2023

The respondent is entitled to a beneficial interest in all property acquired during the marriage, including the house, shop, farming business, and Mazda Demio, based on the principle that equality is equity, recognizing her non-financial contributions and the economic disadvantage resulting from her role as homemaker.

Source excerpt

• Matrimonial property
• Equitable distribution
• Non-financial contributions
• Beneficial interest

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