Sign in
Malawi Source-linked decisions Coverage checked

Malawi Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
0 court collections
Last checked

Malawi decisions

Decisions matching the current search

Clear filters
Labour law

Chaona Batoni v Chimpeni Estate

The Industrial Relations Court set aside the Registrar’s stay decision for lack of jurisdiction, ordered a de novo hearing before the Deputy Chairperson, and granted an interim stay.

  • Jurisdiction of registrar
  • Review of registrar's decision
  • Stay of execution
  • Abuse of process
  • Interim stay
  • Nullity for want of jurisdiction
Read case analysis
Administrative law

The State (on the application of the Malawi Congress Party & Others) v The Chief Secretary to Government (also known as the Secretary to the President and Cabinet) & Another

The High Court dismissed the defendants’ application to set aside a stay of judicial review proceedings, holding the motion was incompetent and that the stay stood.

  • Judicial review
  • Stay of proceedings
  • Leave to apply for judicial review
  • Certification of constitutional matters
  • Locus standi
  • Ex parte applications
Read case analysis
Labour and employment law

Flora Jelenje Makata v South Atlantic Asset Management Limited

The Industrial Relations Court held that an employer could not stop an employee’s salary for alleged abscondment without a disciplinary hearing; liability was decided for the applicant.

  • Withholding of wages
  • Disciplinary hearing and due process
  • Abscondment/absence from work
  • Unfair labour practices
  • Assessment of remedies/quantum
  • Interest on wrongfully withheld wages
Read case analysis
Electoral law

George Charles Zulu v Alfred Ruwan Gangata and Malawi Electoral Commission

The High Court dismissed a preliminary objection, holding that a section 101 election petition was not res judicata as it raised a distinct cause of action from an earlier section 100 appeal.

  • Res judicata
  • Preliminary objection
  • Abuse of court process
  • Frivolous and vexatious proceedings
  • Election petition under section 101
  • Appeal under section 100
Read case analysis
Torts

Lawrence Siyani v Kalibu Private Schools Limited

The High Court of Malawi found the claimant’s arrest, prosecution and detention were instigated by the defendant, awarding ordinary damages for malicious prosecution and false imprisonment.

  • Malicious prosecution
  • False imprisonment
  • Defamation
  • Special damages
  • Exemplary damages
  • Costs
Read case analysis
Election law

Glory Simbota & Others v Tony Fletcher and Malawi Electoral Commission

The High Court dismissed an election petition over the Masanjala parliamentary election, finding it wrongly brought under section 100, procedurally defective, and unsupported by proof.

  • Parliamentary election petition
  • Jurisdiction under section 100 of the presidential, parliamentary and local government elections act, 2023
  • Supported sworn statements
  • Party naming requirements
  • Proof of electoral irregularities
  • Costs
Read case analysis
Civil procedure

Yusuf Investments Limited t/a Amaryllis Hotel v National Bank of Malawi PLC, Financial Intelligence Authority and Anti-Corruption Bureau

The High Court rejected a specially endorsed summons and without notice injunction application as procedurally defective, because the claimant used the wrong statutory route to challenge restraint measures.

  • Commencement of action
  • Specially endorsed summons
  • Interlocutory injunction
  • Mandatory injunction
  • Jurisdiction and procedure under principal legislation
  • Freezing directive
Read case analysis

About this LexChat collection

Malawi decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.