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Malawi decisions
Decisions matching the current search
Mamashila v Chafunya and Another (Civil Cause 256 of 2020) [2021] MWHC 226 (23 December 2021)
The High Court of Malawi dismissed a claimant’s bid for a share of property held in Malawi, finding she had not proved the relevant South African law governing the alleged domestic partnership.
Pearson Holdings Southern Africa( PTY) Limited v Doyle (Civil Cause 298 of 2021) [2021] MWHC 293 (12 November 2021)
The High Court of Malawi has jurisdiction to hear the matter because the defendant was present and served in Malawi, and he failed to prove that another forum is more appropriate. The substance of the tort claim will be governed by the law of the place where the tort occurred, but procedural matters, including injunctions, are governed by Malawian law.
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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.
Heyns v Demetriou [2001] MWHC 52 (9 December 2001)
The British and Commonwealth Judgements Act, 1922 does not apply to South Africa, and the judgment was not from a superior court; thus, registration under the Act was improper. However, procedural irregularity in commencing proceedings does not nullify them. The proper course is to set aside the registration and treat the proceedings as commenced under common law jurisdiction, allowing the plaintiff to proceed by writ of summons and the defendant to raise defences.
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Bauman Hinde And Co Ltd v David Whitehead and Son Ltd (MSCA Civil Appeal 17 of 1998) [2000] MWSC 1 (16 April 2000)
The arbitrators had jurisdiction as there was a binding agreement between the parties providing for arbitration. The registration of the foreign arbitration award was proper under the British and Commonwealth Judgments Act. The appeal was dismissed as the appellant failed to show lack of jurisdiction or absence of agreement.
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In the Estate of Guiseppe Pino Baretta (Civil Cause 116 of 1984) [1984] MWHC 2 (5 June 1984)
The High Court of Malawi held that a will valid under the testator’s domicile law could be admitted to probate in Malawi despite not meeting Malawi’s formal witnessing requirements.
Whitelock v Whitelock (Civil Cause 35 of 1978) [1978] MWHC 1 (10 March 1978)
The High Court of Malawi held that the respondent had not abandoned his English domicile of origin and therefore dismissed the divorce petition for want of jurisdiction.
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