Malawi Case Law

Agrofund International Limited and 3 Others v FDH Bank PLC

Agrofund International Limited and 3 Others v FDH Bank PLC (Commercial Cause 191 of 2023) [2024] MWHC 47 (3 September 2024)

Court

High Court of Malawi

Case number

Commercial Cause 191 of 2023

There are serious issues to be tried regarding the computation of the outstanding loan, the inclusion of unutilized guarantees and penalty interest, and the adequacy of security registration for subsequent loans. Damages would not be an adequate remedy due to the unique nature of the property. The Defendant's failure to provide a detailed loan statement and to perfect security raises substantial questions. Therefore, the interlocutory injunction should be maintained and summary disposal is inappropriate.

Source excerpt

• Interlocutory injunctions
• Bank-customer relationship
• Loan security
• Mortgage and charges
• Summary disposal
• Registered land act compliance

Read case analysis

Financial Intelligence Authority v Ali and Another

Financial Intelligence Authority v Ali and Another (Civil Cause 2 of 2024) [2024] MWHCFin 2 (8 April 2024)

Court

High Court of Malawi Financial Crimes Division

Case number

Civil Cause 2 of 2024

The Financial Crimes Division is the only proper forum to determine matters relating to preservation orders under the Financial Crimes Act. The preservation order against the 1st Defendant's account remains valid and enforceable. The 1st Defendant's conduct in seeking relief from the Commercial Division after refusal in the Financial Crimes Division constitutes forum shopping and abuse of process. An interlocutory injunction is necessary to preserve the status quo and prevent dissipation of the funds until the substantive matter is resolved.

Source excerpt

• Preservation orders
• Jurisdiction of divisions of the high court
• Forum shopping
• Interlocutory injunctions
• Asset freezing
• Abuse of court process

Read case analysis

NBS Bank Limited v Kaonga and others

NBS Bank Limited v Kaonga and others (Commercial Case 134 of 2014) [2024] MWCommC 2 (24 February 2024)

Court

High Court of Malawi Commercial Division

Case number

Commercial Case 134 of 2014

There was no cogent evidence of fraud by the defendants; the matter is one of outstanding debt. The 1st and 2nd defendants are liable for the sums claimed plus interest. Claims for attachment of the 3rd defendant’s beneficial interest and for general and exemplary damages fail. Order for delivery of vehicles is granted if recovery is possible.

Source excerpt

• Loan default
• Security for loans
• Fraud allegations
• Breach of contract
• Damages
• Attachment of property

Read case analysis

Bilderberg Limited and Another v Ecobank Malawi Limited and Another

Bilderberg Limited and Another v Ecobank Malawi Limited and Another (Commercial Cause 160 of 2022) [2024] MWHC 8 (15 February 2024)

Court

High Court of Malawi

Case number

Commercial Cause 160 of 2022

The High Court held that a preservation order had expired before a forfeiture application was issued, so the claimants were entitled to regain access to their bank accounts.

• Preservation orders
• Civil forfeiture
• Mandatory injunctions
• Expiry of orders
• Preservation-orders
• Civil-forfeiture

Read case analysis

Mulli Brothers Limited v Eco Bank Limited

Mulli Brothers Limited v Eco Bank Limited (Commercial Cause 399 of 2020) [2023] MWHC 95 (8 December 2023)

Court

High Court of Malawi

Case number

Commercial Cause 399 of 2020

The High Court dismissed Ecobank’s application to discharge an interlocutory injunction over Chitakale Estate, finding the application out of time and misconceived.

• Injunctions
• Loan default
• Assignment of proceeds
• Enforcement of court orders
• Interlocutory-injunctions
• Assignment-of-proceeds

Read case analysis

Bilderberg Limited and Bilderberg v Ecobank Malawi Limited

Bilderberg Limited and Bilderberg v Ecobank Malawi Limited (Commercial Case 157 of 2022) [2023] MWHCCrim 9 (26 October 2023)

Court

High Court of Malawi Criminal Division

Case number

Commercial Case 157 of 2022

The court dismissed contempt allegations against Ecobank directors and suspended a mandatory injunction, holding there was no willful disobedience and criminal proceedings took precedence.

• Freezing orders
• Injunctions
• Contempt of court
• Due process
• Good faith compliance
• Property rights

Read case analysis

Finsbury Investment Limited v Registrar of Financial Institutions (MISC Civil Application 43 of 2023)

Finsbury Investment Limited v Registrar of Financial Institutions (MISC Civil Application 43 of 2023) [2023] MWSC 39 (23 October 2023)

Court

Malawi Supreme Court of Appeal

Case number

MISC Civil Application 43 of 2023

The Malawi Supreme Court of Appeal dismissed Finsbury Investment Limited’s renewed application for leave to seek judicial review, citing inordinate delay and no valid basis.

• Judicial review
• Delay in filing
• Regulatory approval of bank acquisition
• Judicial-review
• Delay-in-filing
• Banking-law

Read case analysis

Mjoso v NBS Bank Limited

Mjoso v NBS Bank Limited (Commercial Cause 283 of 2016) [2023] MWHC 87 (27 September 2023)

Court

High Court of Malawi

Case number

Commercial Cause 283 of 2016

High Court case over a bank’s sale of charged property upheld the charge and sale, but the court struck down penalty or default interest as unlawful.

• Mortgage enforcement
• Power of sale
• Loan interest rates
• Penalty interest
• Fiduciary duties
• Sale by private treaty

Read case analysis

Chokotho v FDH Bank PLC

Chokotho v FDH Bank PLC (Commercial Cause 14 of 2023) [2023] MWHC 108 (8 August 2023)

Court

High Court of Malawi

Case number

Commercial Cause 14 of 2023

The Claimant's action fails because the property was already sold and transferred by private treaty before the injunction was granted; the Defendant was not required to sell at or above the reserve price for a private treaty sale; the only remedy available after exercise of the power of sale is damages, which the Claimant did not seek; and no arguable case or triable issue was disclosed.

Source excerpt

• Mortgage enforcement
• Power of sale
• Interlocutory injunctions
• Private treaty sale
• Reserve price
• Damages

Read case analysis

Mtenje v FDH Bank Limited

Mtenje v FDH Bank Limited (Commercial Cause 294 of 2020) [2023] MWHC 89 (13 June 2023)

Court

High Court of Malawi

Case number

Commercial Cause 294 of 2020

The court held that FDH Bank wrongfully lodged a caution over the claimant’s land, awarding damages for lost sale value and legal fees, while also allowing the bank’s restitution counterclaim.

• Wrongful registration of caution
• Damages for loss of sale
• Money had and received
• Unregistrable interest in land
• Restitution
• Counterclaim

Read case analysis