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Malawi decisions
Decisions matching the current search
Kanjere v Patel & Chizizi (37 of 2023) [2024] MWHCCiv 15 (11 October 2024)
The High Court struck out the summons and claim as a nullity because they were signed by a law firm, not an individual legal practitioner on the Roll.
Banda v Blantyre Baptist Holdings Limited (Land Cause 121 of 2016) [2024] MWHCCiv 7 (19 September 2024)
The High Court dismissed applications to stay an assessment of damages and to rehear damages, holding that the proper remedy was an appeal, not a rehearing before the same court.
Luka v Mandala (Civil Appeal 16 of 2022) [2024] MWHCCiv 9 (15 July 2024)
The High Court dismissed an appeal over disputed customary land, holding that the Limitation Act did not apply and that succession was governed by the Deceased Estates Act.
Kuweruza v Kampaundi (Civil Appeal 116 of 2016) [2024] MWHC 20 (18 March 2024)
The lower court erred in holding that customary land cannot be bequeathed by will; however, the purported will was invalid for lack of proper execution. The lower court also erred in finding the land was connected to chieftaincy without proper proof of custom as required by section 64 of the Courts Act. The evidence showed the appellant's father occupied the land prior to becoming chief, and the respondent failed to prove a custom that the land was tied to chieftaincy. The appeal was allowed and the land ordered restored to the appellant and her siblings.
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Kachembere v Mulasa (Land Cause 137 of 2023) [2024] MWHC 32 (22 January 2024)
The High Court set aside a without-notice interlocutory injunction after the claimant failed to file the required with-notice application and missed the hearing.
Jumbe v Kasema and 1 other (MSCA Miscellaneous Civil Application 46 of 2023) [2024] MWSC 2 (11 January 2024)
The Supreme Court of Appeal dismissed an interlocutory injunction application, holding it was improperly before the court without a pending appeal and was barred by statutory notice rules.
Thornicroft v Malawi Housing Corporation (Civil Cause 121 of 2023) [2023] MWHC 129 (17 November 2023)
The High Court set aside an interlocutory injunction protecting an alleged occupier of a Malawi Housing Corporation house, finding suppression of material facts and no arguable tenancy right.
Chiramiramadzi v Lilongwe District Council and Maikolo (Land Cause 884 of 2013) [2023] MWHC 71 (14 November 2023)
The High Court held the claimant had no right of first refusal to buy the council house, dismissed the claim, and upheld the sale to the employee-purchaser.
Chilimba v Kaliyati (Civil Cause 42 of 2020) [2023] MWHC 113 (29 September 2023)
The High Court of Malawi found the defendant in contempt for disobeying land-access orders and using abusive and violent conduct, imposing committal, a fine, and enforcement directions.
Mjoso v NBS Bank Limited (Commercial Cause 283 of 2016) [2023] MWHC 87 (27 September 2023)
High Court case over a bank’s sale of charged property upheld the charge and sale, but the court struck down penalty or default interest as unlawful.
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