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Malawi Case Law

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Contract law [2016] MWHC 433

Chirwa v Ndaferankhande

Chirwa v Ndaferankhande (Civil Cause No. 95 of 2011) [2016] MWHC 433 (17 January 2016)

High Court of Malawi held that the defendant’s agent had authority to sell land, granted specific performance, and dismissed the trespass counterclaim.

  • Specific performance
  • Breach of contract
  • Agency relationship
  • Sale of land
  • Damages
  • Trespass
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Property law [2008] MWHC 35

Chokani v Property Sales and Management Services

Chokani v Property Sales and Management Services (Civil Cause 1145 of 1999) [2008] MWHC 35 (24 January 2008)

The High Court of Malawi held that the plaintiff had the stronger equitable interest in the property and ordered removal of the caution and transfer.

  • Sale of land
  • Agency
  • Equitable interests
  • Removal of caution
  • Money had and received
  • Sale-of-land
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Contract law [2008] MWHC 18

Car Hire Ltd v D & S Gel Fuel Company Ltd

Car Hire Ltd v D & S Gel Fuel Company Ltd (Civil Cause 2728 of 2003) [2008] MWHC 18 (15 January 2008)

High Court of Malawi held that an accountant had no authority to bind the company to a vehicle hire agreement, so the plaintiff’s claim failed.

  • Authority of agents
  • Ostensible authority
  • Company liability
  • Forgery
  • Hire agreements
  • Agency-law
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Employment law [2007] MWHC 119

Kayenda Tours v Glens (MW) Ltd (711 of 2004)

Kayenda Tours v Glens (MW) Ltd (711 of 2004) [2007] MWHC 119 (11 December 2007)

The respondents are liable for the acts of their employee, Khumbo Mphande, as he was acting within the course of his employment and with apparent authority. The respondents' delay in prosecuting the appeal is unjustified and prejudicial to the applicants.

  • Vicarious liability
  • Authority of agents
  • Delay in prosecution
  • Judgment on admission
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Civil procedure [2007] MWHC 116

Mirza v Ami (Malawi) Ltd (59 of 1999)

Mirza v Ami (Malawi) Ltd (59 of 1999) [2007] MWHC 116 (3 December 2007)

The High Court held that a foreign jurisdiction clause did not exclude Malawi jurisdiction, but dismissed the claim because the defendant was only an agent.

  • Jurisdiction
  • Agency liability
  • Foreign law clauses
  • Contract enforcement
  • Agency-law
  • Conflict-of-laws
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Tort [1995] MWHC 4

Nyirenda and Mwambetamia t/a Karonga Manufacturers v Development of Malawi Traders Trust and Another

Nyirenda and Mwambetamia t/a Karonga Manufacturers v Development of Malawi Traders Trust and Another (Civil Cause 439 of 1988) [1995] MWHC 4 (20 February 1995)

The High Court held the employer vicariously liable for an employee who received money on behalf of the plaintiffs and failed to account for it.

  • Vicarious liability
  • Ostensible authority
  • Conversion
  • Breach of fiduciary duty
  • Vicarious-liability
  • Ostensible-authority
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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.