Malawi Case Law

Kadzamira v Sub Traditional Authority Kawere & 3 Others v Attorney General( Ministry of Lands)

Kadzamira v Sub Traditional Authority Kawere & 3 Others v Attorney General( Ministry of Lands) (Civil Cause 373 of 2020) [2025] MWHCCiv 15 (30 December 2025)

Court

High Court of Malawi Civil Division

Case number

Civil Cause 373 of 2020

High Court held the claimant’s lease was void for late registration and the defendants’ earlier registered lease had priority, defeating the trespass claim.

• Land registration
• Priority of title
• Trespass
• Limitation
• Nemo dat quod non habet
• Res judicata

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Kulinji v Mlabowa

Kulinji v Mlabowa (Matrimonial Cause 29 of 2023) [2025] MWHCFam 2 (11 March 2025)

Court

High Court of Malawi Family and Probate Division

Case number

Matrimonial Cause 29 of 2023

The respondent is entitled to a beneficial interest in all property acquired during the marriage, including the house, shop, farming business, and Mazda Demio, based on the principle that equality is equity, recognizing her non-financial contributions and the economic disadvantage resulting from her role as homemaker.

Source excerpt

• Matrimonial property
• Equitable distribution
• Non-financial contributions
• Beneficial interest

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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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Ngwira v Ngwira & Chiumia

Ngwira v Ngwira & Chiumia (Miscellaneous Civil Case 36 of 2018) [2024] MWHCCiv 22 (24 April 2024)

Court

High Court of Malawi Civil Division

Case number

Miscellaneous Civil Case 36 of 2018

The High Court of Malawi held that Francis Ngwira proved ownership of Plot 25/SQ/73, rejected the 2nd defendant’s bona fide purchaser defence, and granted injunctive relief.

• Land ownership
• Bona fide purchaser
• Injunctions
• Burden of proof
• Title to land
• Land-ownership

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Kajao v Mwambucha and 2 Others

Kajao v Mwambucha and 2 Others (Civil Cause 73 of 2019) [2024] MWHCCiv 5 (17 January 2024)

Court

High Court of Malawi Civil Division

Case number

Civil Cause 73 of 2019

The court held that the custom of Msudzulo ceremony, to the extent that it requires a surviving spouse and children to vacate the deceased’s land, is unconstitutional as it results in unfairness and gender-based discrimination, contrary to the Constitution’s protection of property rights and non-discrimination. The Defendants, as immediate family of the deceased, are entitled to remain on and inherit the disputed customary land under the Deceased Estates (Wills, Inheritance and Protection) Act. The Claimant and his clan members have no legal entitlement to repossess the land. The court also f…

Source excerpt

• Inheritance of customary land
• Msudzulo ceremony
• Clan land rights
• Non-discrimination
• Proof of customary law
• Intestate succession

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Tamando Lama Chokotho v FDH Bank PLC

The court refused to continue an interlocutory injunction over charged property already sold and transferred, and dismissed the claim with costs.

• Interlocutory injunction
• Chargee's power of sale
• Private treaty sale
• Reserve price
• Loan default
• Disclosure on without notice application

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Chokotho v FDH Bank PLC

Chokotho v FDH Bank PLC (Commercial Cause 14 of 2023) [2023] MWHC 108 (8 August 2023)

Court

High Court of Malawi

Case number

Commercial Cause 14 of 2023

The Claimant's action fails because the property was already sold and transferred by private treaty before the injunction was granted; the Defendant was not required to sell at or above the reserve price for a private treaty sale; the only remedy available after exercise of the power of sale is damages, which the Claimant did not seek; and no arguable case or triable issue was disclosed.

Source excerpt

• Mortgage enforcement
• Power of sale
• Interlocutory injunctions
• Private treaty sale
• Reserve price
• Damages

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Osman v Attorney General

Osman v Attorney General (Commercial Cause 79 of 2021) [2023] MWHC 52 (13 July 2023)

Court

High Court of Malawi

Case number

Commercial Cause 79 of 2021

The court dismissed an application to vary default judgment and held that the interested parties had not proved adverse possession or good title to two properties.

• Adverse possession
• Vesting of title
• Default judgment
• Land registration
• Adverse-possession
• Default-judgment

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Sardar v Bhayyat

Sardar v Bhayyat (Miscellaneous Civil Application 34 of 2023) [2023] MWSC 44 (10 July 2023)

Court

Malawi Supreme Court of Appeal

Case number

Miscellaneous Civil Application 34 of 2023

The Supreme Court of Appeal dismissed applications for stay, leave to appeal, and extension of time because the applicant bypassed the High Court and failed to satisfy procedural requirements.

• Stay of execution
• Leave to appeal
• Extension of time
• Procedural compliance
• Injunctions
• Stay-of-execution

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