Malawi Case Law

GM Plastics Industry Limited v Shamrock Group Of Companies Limited

GM Plastics Industry Limited v Shamrock Group Of Companies Limited (Commercial Cause 327 of 2018) [2025] MWHC 25 (26 November 2025)

Court

High Court of Malawi

Case number

Commercial Cause 327 of 2018

The Claimant proved on the balance of probabilities that an agreement existed for compensation in Malawi Kwacha equivalent to US$25,000, and the Defendant breached this agreement by failing to pay. The claim is not illegal as payment is sought in local currency, with US Dollars as a reference. Defendant's failure to call witnesses supports adverse inference against its case.

Source excerpt

• Breach of contract
• Compensation for currency devaluation
• Burden of proof
• Party costs

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African Minerals and Energy Holdings Limited v Tiyuni Holdings Limited

African Minerals and Energy Holdings Limited v Tiyuni Holdings Limited (Commercial Division Case 42 of 2025) [2025] MWHC 27 (21 November 2025)

Court

High Court of Malawi

Case number

Commercial Division Case 42 of 2025

The Claimant demonstrated a serious question to be tried regarding the Defendant's breach of contract and unlawful interference with mining rights. Damages may not be an adequate remedy due to difficulty in quantification and risk of irreparable harm. The procedural irregularity of late filing was minor and did not prejudice the Defendant, and the alleged suppression of material facts was not material to the grant of the injunction. The balance of convenience and justice favoured continuation of the injunction.

Source excerpt

• Interlocutory injunctions
• Mining rights
• Contractual breach
• Equitable remedies

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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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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)

Court

High Court of Malawi

Case number

Commercial Cause 136 of 2024

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
• Freezing-injunctions

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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)

Court

High Court of Malawi

Case number

46 of 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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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)

Court

High Court of Malawi

Case number

Commercial Cause 17 of 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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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

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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)

Court

High Court of Malawi

Case number

Commercial Case 151 of 2021

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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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)

Court

High Court of Malawi

Case number

51 of 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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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)

Court

High Court of Malawi

Case number

Commercial Case 15 of 2020

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
• Non-compliance-with-court-directions
• Striking-out-defence

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