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Malawi Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

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Civil-procedure

Ronald Amos and Elizabeth Amos v Alice Amos Phiri

The High Court’s Family and Probate Division held that a partnership-and-property dispute was commercial in nature, lacked jurisdiction, and was transferred.

  • Transfer-of-matter-between-high-court-divisions
  • Specialised-divisions-of-the-high-court
  • Reasonable-cause-of-action
  • Costs
  • Interlocutory-injunction
  • Jurisdiction
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Civil-procedure [2025] MWHC 4

Mukteshwar Sugar Mills Ltd v Salima Sugar Company Ltd

Mukteshwar Sugar Mills Ltd v Salima Sugar Company Ltd (Commercial Cause 136 of 2024) [2025] MWHC 4 (7 February 2025)

The High Court of Malawi vacated an ex parte freezing injunction after finding the claimant had not made full and frank disclosure of material facts.

  • Freezing-injunctions
  • Full-and-frank-disclosure
  • Equitable-relief
  • Corporate-governance
  • Conflict-of-interest
  • Commercial-disputes
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Arbitration [2024] MWHC 56

Fargo Ltd v Lilongwe university of Agriculture & Natural Resources (46 of 2024)

Fargo Ltd v Lilongwe university of Agriculture & Natural Resources (46 of 2024) [2024] MWHC 56 (16 October 2024)

The High Court held that referral of the dispute to arbitration deprived it of jurisdiction, so it could not hear applications or proceed with the case.

  • Jurisdiction
  • Arbitration-agreement
  • Counsel-competence
  • Arbitration
  • Commercial-law
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Commercial-law [2024] MWHC 49

The Registered Trustees of Annie's Lodge and Another v Fatchi

The Registered Trustees of Annie's Lodge and Another v Fatchi (Commercial Cause 17 of 2024) [2024] MWHC 49 (5 September 2024)

The High Court of Malawi continued an interlocutory injunction after finding a serious dispute over whether the defendant sold property beyond the loan security.

  • Loan-agreement
  • Security-for-loan
  • Power-of-attorney
  • Interlocutory-injunction
  • Sale-of-property
  • Damages
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Civil-procedure [2024] MWHC 46

Afrimax Limited v Datacom Limited and Another

Afrimax Limited v Datacom Limited and Another (Commercial Case 151 of 2021) [2024] MWHC 46 (3 September 2024)

The High Court of Malawi refused to dismiss a commercial case for want of prosecution, finding the delay partly arose from the court’s failure to reset mediation.

  • Dismissal-for-want-of-prosecution
  • Mediation
  • Telecommunications-regulation
  • Want-of-prosecution
  • Commercial-law
  • Civil-procedure
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Commercial-law [2024] MWHC 57

Africa Investment Group LTD v Attorney General ( Ministry of Agriculture & Ministry of Finance) , Famers Fertilizer Revolving Fund of Malawi & Malawi Fertilizer Company LTD (51 of 2024)

Africa Investment Group LTD v Attorney General ( Ministry of Agriculture & Ministry of Finance) , Famers Fertilizer Revolving Fund of Malawi & Malawi Fertilizer Company LTD (51 of 2024) [2024] MWHC 57 (22 July 2024)

The High Court of Malawi entered judgment by consent, ordering payment of the claimant’s debt, interest and costs, and a refund from the third party in escrow terms.

  • Settlement
  • Debt-recovery
  • Enforcement-of-judgment
  • Consent-judgment
  • Commercial-law
  • Contract-law
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Civil-procedure [2024] MWHC 66

Kazembe t/a Madzi Distributors v Southern Bottlers Limited & Ecobank Malawi Limited

Kazembe t/a Madzi Distributors v Southern Bottlers Limited & Ecobank Malawi Limited (Commercial Case 15 of 2020) [2024] MWHC 66 (17 July 2024)

The High Court of Malawi struck out the 1st defendant’s defence and counterclaim for failing to comply with directions to file witness statements and skeleton arguments.

  • Non-compliance-with-court-directions
  • Striking-out-defence
  • Trial-preparation
  • Sanctions-for-delay
  • Civil-procedure
  • Commercial-litigation
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Civil-procedure [2024] MWCommC 3

African Prime Investment Limited v Rab Processors and 3 Others (Confirmation Case 188 of 2018)

African Prime Investment Limited v Rab Processors and 3 Others (Confirmation Case 188 of 2018) [2024] MWCommC 3 (19 June 2024)

The High Court dismissed a defendant’s application for security for costs, finding no basis to conclude the claimant was outside Malawi or unable to pay costs.

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Civil-procedure [2024] MWSC 9

Libertas General Insurance Company Limited v Puffs (MSCA Miscellaneous Civil Application 62 of 2023)

Libertas General Insurance Company Limited v Puffs (MSCA Miscellaneous Civil Application 62 of 2023) [2024] MWSC 9 (10 April 2024)

The Supreme Court of Appeal dismissed a preliminary objection and refused a stay of execution pending appeal because the objection was procedurally defective and the lower court judgment was inchoate.

  • Stay-of-execution
  • Preliminary-objection
  • Inchoate-judgment
  • Appealability
  • Civil-procedure
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Civil-procedure

Henry Yotamu Munthali v Mzuzu City Council

The High Court held that Mzuzu City Council was not exempt from enforcement under Order 34 rule 4 CPR 2017 and dismissed its application to stay the third-party debt order.

  • Third-party-debt-order
  • Stay-of-enforcement
  • Exemption-from-enforcement
  • Statutory-interpretation
  • Government/public-officer-proceedings
  • Costs
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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.