Malawi Case Law

R v Matemba

R v Matemba (Criminal Cause 5 of 2023) [2023] MWHC 31 (11 July 2023)

Court

High Court of Malawi

Case number

Criminal Cause 5 of 2023

The requirement for written consent of the DPP to prosecute under the Corrupt Practices Act, having been repealed before the accused was called to plead, does not apply to the present proceedings. The prosecution was not instituted until the accused was called to answer the charge after the amendment, and thus the requirement for consent is not applicable.

Source excerpt

• Requirement of dpp consent
• Retrospective application of statutes
• Procedural law
• Corrupt practices act

Read case analysis

Ulanda v Chiradzulu District Council

Ulanda v Chiradzulu District Council (Civil Cause 345 of 2015) [2021] MWHCCiv 7 (26 July 2021)

Court

High Court of Malawi Civil Division

Case number

Civil Cause 345 of 2015

The Claimant failed to provide sufficient evidence, such as police reports, photographs, or official records, to substantiate that a riot occurred, that property was damaged, or that the Defendant breached any statutory duty. On a balance of probabilities, the claim was not proved.

Source excerpt

• Breach of statutory duty
• Riot damages
• Compensation for property damage
• Misfeasance in public office

Read case analysis

Mwakihana v Siku Transport Ltd & Anor.

Mwakihana v Siku Transport Ltd & Anor. (Civil Cause 116 of 2016) [2018] MWHC 839 (11 April 2018)

Court

High Court of Malawi

Case number

Civil Cause 116 of 2016

The insurer is liable to pay damages to third parties regardless of exclusion clauses in the policy, as section 148(2) of the Road Traffic Act overrides such exclusions. The claimant's lack of capacity does not bar the action at this stage, but damages must be distributed to rightful statutory beneficiaries.

Source excerpt

• Wrongful death
• Loss of dependency
• Third party insurance liability
• Statutory beneficiary rights

Read case analysis

Msowoya v Nthala and Reunion Insurance Company Limited (Personal Injury Cause 247 of 2015)

Msowoya v Nthala and Reunion Insurance Company Limited (Personal Injury Cause 247 of 2015) [2017] MWHC 889 (23 June 2017)

Court

High Court of Malawi

Case number

Personal Injury Cause 247 of 2015

The High Court held that a passenger-injury claim could proceed directly against the insurer because the policy exclusion for passengers was invalid under the Road Traffic Act.

• Motor vehicle insurance
• Passenger coverage
• Third party claims
• Statutory exceptions
• Insurance-law
• Motor-vehicle-insurance

Read case analysis

Ex Parte: Itimu; In Re: Legal Education & Legal Practitioners (Amendment) Act 2003 (None)

Ex Parte: Itimu; In Re: Legal Education & Legal Practitioners (Amendment) Act 2003 (None) [2016] MWHC 561 (14 September 2016)

Court

High Court of Malawi

The petitioner, having completed all academic and vocational requirements for legal practice in the UK but denied the final stage solely due to non-citizenship, falls within the category protected by section 9(5)(c)(ii) of the Legal Education and Legal Practitioners Act and is thus eligible for admission to the Malawi Bar, subject to conditions as to supervision.

Source excerpt

• Admission to bar
• Foreign law qualifications
• Statutory interpretation
• Legal education

Read case analysis

Malawi Housing Corporation v Blantyre Water Board & Ors. (2344 of 2005)

Malawi Housing Corporation v Blantyre Water Board & Ors. (2344 of 2005) [2005] MWHC 20 (1 December 2005)

Court

High Court of Malawi

Case number

2344 of 2005

The High Court held that a landlord’s liability for water charges was limited to the current bill, and the Boards should disconnect overdue supply after 30 days.

• Water supply charges
• Statutory liability of property owners
• Enforcement of bye-laws
• Disconnection of utilities
• Recovery of rates and charges
• Water-supply-charges

Read case analysis

Kalulu v Blantyre water Board

Kalulu v Blantyre water Board (Civil Cause 275 of 1987) [1990] MWHC 10 (8 March 1990)

Court

High Court of Malawi

Case number

Civil Cause 275 of 1987

The High Court of Malawi held that Blantyre Water Board negligently disconnected water to Kalulu’s premises and trespassed, awarding K200 in general damages.

• Negligence
• Trespass
• Breach of statutory duty
• Damages
• Water-supply-disconnection

Read case analysis

Sheriff of Malawi v Press Produce Limited (MSCA Civil Appeal 3 of 1987)

Sheriff of Malawi v Press Produce Limited (MSCA Civil Appeal 3 of 1987) [1988] MWSC 9 (3 October 1988)

Court

Malawi Supreme Court of Appeal

Case number

MSCA Civil Appeal 3 of 1987

The amendment to Sheriff's fees in the 1977 Schedule was valid, as section 21(a) of the General Interpretation Act deems it to have been made under all enabling powers, including section 47 of the Sheriffs Act. There was no inconsistency or repeal of the Sheriffs Act, and the Sheriff acted in good faith, precluding a costs order against him.

Source excerpt

• Sheriff's fees
• Subsidiary legislation
• Costs orders

Read case analysis