Malawi Case Law

Sattar and Nair v Nation Publications Limited and Another

Sattar and Nair v Nation Publications Limited and Another (Civil Cause 431 of 2021) [2021] MWHC 274 (18 November 2021)

Court

High Court of Malawi

Case number

Civil Cause 431 of 2021

The application for an interlocutory injunction is declined because there is no allegation that the defendants intend to publish falsehoods, and the claimants' fears do not meet the threshold for curtailing free speech or press freedom. The public interest in media reporting outweighs the claimants' interests at this stage, and it cannot be said that the defendants would be unable to justify their intended publications at trial.

Source excerpt

• Interlocutory injunctions
• Freedom of speech
• Freedom of the press
• Defamation
• Balance of convenience

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Banda v Malawi Revenue Authority

Banda v Malawi Revenue Authority (Civil Cause 103 of 2013) [2021] MWHC 271 (9 October 2021)

Court

High Court of Malawi

Case number

Civil Cause 103 of 2013

Assessment of damages after default judgment for defamation, false imprisonment, privacy breach, and costs arising from a search at the claimant’s home.

• Defamation
• Exemplary damages
• Special damages
• False imprisonment
• Right to privacy
• Costs

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Kwelepeta v Chitimbe and Sean

Kwelepeta v Chitimbe and Sean (Civil Cause 144 of 2020) [2020] MWHCCiv 46 (5 December 2020)

Court

High Court of Malawi Civil Division

Case number

Civil Cause 144 of 2020

The claimant established a serious issue to be tried regarding the alleged defamation and violation of her rights, and the balance of convenience favored granting the injunction to prevent further harm to her reputation pending determination of the suit.

Source excerpt

• Interlocutory injunction
• Defamation
• Freedom of expression

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Makondi & Anor. v Blantyre Newspapers Limited

Makondi & Anor. v Blantyre Newspapers Limited (Civil Cause 434 of 2016) [2020] MWHC 113 (12 October 2020)

Court

High Court of Malawi

Case number

Civil Cause 434 of 2016

High Court assessment of damages for aggravated libel against a newspaper after liability was found uncontested. The court awarded MWK11.5 million and MWK8 million.

• Libel
• Aggravated damages
• Assessment of damages
• Defamation
• Aggravated-damages
• Assessment-of-damages

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Mulli & Ors. v Kajoloweka & Anor.

Mulli & Ors. v Kajoloweka & Anor. (Civil Cause 262 of 2018) [2018] MWHC 1129 (7 November 2018)

Court

High Court of Malawi

Case number

Civil Cause 262 of 2018

The High Court continued an interlocutory injunction restraining allegedly defamatory statements, holding the defendants failed to justify the allegations.

• Interlocutory injunctions
• Freedom of speech
• Defamation
• Balance of convenience
• Interlocutory-injunctions
• Freedom-of-speech

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Chabulika v Registered Trustees of Muslim Association of Malawi and Matola

Chabulika v Registered Trustees of Muslim Association of Malawi and Matola (Civil Cause 37 of 2018) [2018] MWHCCiv 29 (19 April 2018)

Court

High Court of Malawi Civil Division

Case number

Civil Cause 37 of 2018

The High Court of Malawi continued an interlocutory injunction in a defamation claim, finding a triable issue and that damages may not adequately protect reputation.

• Interlocutory injunction
• Adequacy of damages
• Material disclosure
• Balance of convenience
• Defamation
• Interlocutory-injunction

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Mwase and Another v Mwase and Another

Mwase and Another v Mwase and Another (Civil Cause 153 of 2017) [2018] MWHCCiv 43 (22 January 2018)

Court

High Court of Malawi Civil Division

Case number

Civil Cause 153 of 2017

On default assessment, the High Court awarded each plaintiff K500,000 for slander but refused exemplary damages for lack of proof of profit-motivated publication.

• Slander
• Damages
• Exemplary damages
• Defamation
• Exemplary-damages

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Mangani & Ors. v Ngwenya & Ors.

Mangani & Ors. v Ngwenya & Ors. (Civil Cause 177 of 2016) [2017] MWHC 823 (24 August 2017)

Court

High Court of Malawi

Case number

Civil Cause 177 of 2016

The words complained of were general statements about redundancy and did not single out any plaintiff or bear the defamatory meaning alleged. The action disclosed no reasonable cause of action and was plainly unarguable.

Source excerpt

• Libel
• Striking out pleadings
• Reasonable cause of action
• Group defamation

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Mangani & Ors. v Ngwenya & Ors.

Mangani & Ors. v Ngwenya & Ors. (Civil Cause 177 of 2016) [2017] MWHC 825 (24 August 2017)

Court

High Court of Malawi

Case number

Civil Cause 177 of 2016

The words complained of were general statements about retrenchment and did not single out any plaintiff or bear a defamatory meaning. The action was plainly unarguable and disclosed no reasonable cause of action.

Source excerpt

• Libel
• Striking out pleadings
• Reasonable cause of action
• Group defamation

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Mwakayoka & Anor. v Blantyre Newspapers Limited

Mwakayoka & Anor. v Blantyre Newspapers Limited (Civil Cause 41 of 2012) [2017] MWHC 93 (23 June 2017)

Court

High Court of Malawi

Case number

Civil Cause 41 of 2012

The High Court of Malawi assessed defamation damages after a newspaper published a widely circulated article with the plaintiffs’ photos and a corruption-linked caption.

• Damages assessment
• Reputation
• Publication
• Malice
• Defamation
• Damages-assessment

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