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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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Company-law [2025] MWHC 26

Katete Dairy Farm (1999) Limited v Ghambi & 2 others

Katete Dairy Farm (1999) Limited v Ghambi & 2 others (Miscellaneous Civil Application 171 of 2013) [2025] MWHC 26 (20 November 2025)

The High Court set aside a default judgment and vacated an injunction after finding the defendants had not been served and had an arguable defence.

  • Default-judgment
  • Service-of-process
  • Injunction
  • Shareholding-forfeiture
  • Extension-of-time
  • Injunctions
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Company-law [2023] MWHC 109

Harawa and Another v Airtel Malawi

Harawa and Another v Airtel Malawi (Commercial Cause 7 of 2023) [2023] MWHC 109 (29 December 2023)

The High Court dismissed applications to strike out a shareholder petition and for security for costs, holding the petitioners had standing and had shown ability to pay costs.

  • Shareholder-actions
  • Prospectus-disclosure
  • Security-for-costs
  • Locus-standi
  • Frivolous/vexatious-litigation
  • Inherent-jurisdiction
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Company-law [2022] MWSC 24

Patel and 3 others v Press corporation Limited & 1 other

Patel and 3 others v Press corporation Limited & 1 other (Civil Appeal 3072 of 2003) [2022] MWSC 24 (14 December 2022)

The Supreme Court of Appeal addressed a long-running joint venture dispute, upheld minority shareholder protection, dismissed the cross-appeal, and restored the original shareholding ratio.

  • Minority-shareholder-protection
  • Joint-venture-agreements
  • Breach-of-contract
  • Amendment-of-pleadings
  • Corporate-management
  • Liquidation
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Succession-law [2022] MWHCFam 2

Mkumba and Tweya v Mkumba and Another

Mkumba and Tweya v Mkumba and Another (Probate Cause 43 of 2018) [2022] MWHCFam 2 (15 February 2022)

High Court ruling in a probate dispute over an intestate estate, company assets, and administration. The Court revoked the claimants’ letters and appointed the Administrator General.

  • Intestate-succession
  • Letters-of-administration
  • Corporate-veil
  • Beneficiaries
  • Administrator-general
  • Property-grabbing
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Succession-law [2022] MWHC 29

Mkumba and Tweya v Nkumba and Nkumba

Mkumba and Tweya v Nkumba and Nkumba (Probate Cause 43 of 2018) [2022] MWHC 29 (15 February 2022)

The High Court of Malawi revoked Letters of Administration over a disputed intestate estate, appointed the Administrator General, ordered an audit, and found property-grabbing in relation to one company asset.

  • Intestate-succession
  • Administration-of-estates
  • Corporate-veil
  • Appointment-and-removal-of-administrators
  • Beneficiary-rights
  • Fraudulent-misrepresentation
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Company-law [2014] MWHC 489

Ex Parte: CSC Design & Building Company Ltd; In the Matter of the Companies Act, Cap 46:03 of the Laws of Malawi (None)

Ex Parte: CSC Design & Building Company Ltd; In the Matter of the Companies Act, Cap 46:03 of the Laws of Malawi (None) [2014] MWHC 489 (16 September 2014)

The High Court of Malawi granted a creditor’s petition to wind up CSC Design and Building Company Limited for failure to pay debts after statutory notice.

  • Winding-up-of-company
  • Creditor's-petition
  • Company-unable-to-pay-debts
  • Creditors-petition
  • Insolvency
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Company-law [2013] MWHCCrim 1

Makadia v First Capital Holdings PLC and three others

Makadia v First Capital Holdings PLC and three others (Commercial Case 1 of 2013) [2013] MWHCCrim 1 (13 July 2013)

The High Court of Malawi overruled a limitation-based preliminary objection in a petition alleging insider trading, holding that the Limitation Act did not bar criminal conduct and that each trade was a separate transaction.

  • Insider-trading
  • Limitation-of-actions
  • Breach-of-fiduciary-duty
  • Securities-law
  • Company-law
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Tort-law [2010] MWSC 4

Nkhukuti Beach Resort Ltd and Ors v Mwafulirwa & Anor. (MSCA Civil Appeal 65 of 2009)

Nkhukuti Beach Resort Ltd and Ors v Mwafulirwa & Anor. (MSCA Civil Appeal 65 of 2009) [2010] MWSC 4 (3 November 2010)

The Malawi Supreme Court of Appeal held that the respondents had standing in trespass as possessors of the land, upheld liability for trespass and assault, but reduced damages.

  • Trespass-to-land
  • Assault
  • Locus-standi
  • Damages
  • Corporate-personality
  • Company-law
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Contract-law [2008] MWSC 194

Nigrisoli & Anor. v Illomba Granite Company Ltd & Ors.

Nigrisoli & Anor. v Illomba Granite Company Ltd & Ors. (Civil Cause 1111 of 2005) [2008] MWSC 194 (3 November 2008)

The court held there was no agreement to transfer a mining licence to the joint venture; the documents only provided for use of the licence, not transfer.

  • Interpretation-of-contracts
  • Joint-venture-agreements
  • Agency
  • Breach-of-contract
  • Damages
  • Mining-licences
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Company-law [2008] MWHC 49

Nkhwazi v Finance Bank

Nkhwazi v Finance Bank (Civil Cause No. 2903B of 2006) [2008] MWHC 49 (13 February 2008)

The High Court of Malawi dismissed preliminary objections in an appeal from a liquidator’s decision, holding the notice of motion and affidavits were not fatally defective.

  • Liquidation
  • Appeals-from-liquidator's-decision
  • Jurisdiction
  • Affidavit-requirements
  • Transfer-of-proceedings
  • Company-liquidation
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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.