Malawi Case Law

Maitland Trustees Limited v Mulli Brothers Limited

Maitland Trustees Limited v Mulli Brothers Limited (Civil Case 297 of 2018) [2023] MWHC 26 (30 May 2023)

Court

High Court of Malawi

Case number

Civil Case 297 of 2018

The defendant's objection lacks merit as the evidence relied upon is inadmissible and the court order of 27 May 2021 explicitly provides for interest on the dollar-denominated debt; the matter is not contentious and does not require referral to a judge.

Source excerpt

• Assessment of interest
• Costs
• Preliminary objection
• Without prejudice communications

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Jumbe and Others v Crown Agro Processors Limited and Attorney General

Jumbe and Others v Crown Agro Processors Limited and Attorney General (Civil Cause 357 of 2013) [2021] MWHC 240 (7 May 2021)

Court

High Court of Malawi

Case number

Civil Cause 357 of 2013

Claimants proved entitlement to damages for loss of crops, trees, deprivation of land, and consequential damages. Quantum was determined based on evidence, projections, and judicial discretion, with reductions for contingencies and lack of perfect proof.

Source excerpt

• Assessment of damages
• Loss of use
• Compensation for crops
• Consequential damages

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Madula t/a Madula General Suppliers v Roads Authority & Anor.

Madula t/a Madula General Suppliers v Roads Authority & Anor. (Civil Cause 393 of 2015) [2020] MWHC 88 (10 September 2020)

Court

High Court of Malawi

Case number

Civil Cause 393 of 2015

The claimant failed to prove ownership or entitlement to claim for property damage, but succeeded in his claim for loss of business against the 2nd defendant due to the 2nd defendant's negligence in failing to reconnect water supply after the dual carriageway plans were abandoned, despite receiving payment and knowing demolition would not occur.

Source excerpt

• Negligence
• Loss of business
• Frustration of contract
• Ownership of property

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Jacques Mariette v Toyota Malawi Limited

Jacques Mariette v Toyota Malawi Limited (Civil Cause 636 of 2010) [2019] MWHC 84 (23 May 2019)

Court

High Court of Malawi

Case number

Civil Cause 636 of 2010

The High Court assessed damages for conversion and loss of use after a garage handed a non-running vehicle to a third party. The claimant received K3.6 million and costs.

• Conversion
• Damages
• Loss of use
• Mitigation of damages
• Loss-of-use
• Mitigation-of-damages

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Globe Electronics Limited v Sunbird Tourism PLC

Globe Electronics Limited v Sunbird Tourism PLC (Commercial Cause 343 of 2018) [2018] MWHC 1155 (7 December 2018)

Court

High Court of Malawi

Case number

Commercial Cause 343 of 2018

Default judgment set aside because the Defendant raised a triable or arguable issue, thus showing a meritorious defence, which outweighs failure to show reasonable cause for not defending.

Source excerpt

• Default judgment
• Setting aside judgment
• Meritorious defence
• Contractual liability

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Manda v Malawi Red Cross Society (Misc. Civil Case 28 of 2016)

Manda v Malawi Red Cross Society (Misc. Civil Case 28 of 2016) [2018] MWHC 939 (22 June 2018)

Court

High Court of Malawi

Case number

Misc. Civil Case 28 of 2016

The plaintiff's evidence was uncontroverted and established on a balance of probabilities that the defendant owed rental arrears and was liable for repair costs.

Source excerpt

• Rental arrears
• Repair of premises
• Default judgment
• Assessment of damages

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Manda v Malawi Red Cross Society (Misc. Civil Case 28 of 2016)

Manda v Malawi Red Cross Society (Misc. Civil Case 28 of 2016) [2018] MWHC 1027 (22 June 2018)

Court

High Court of Malawi

Case number

Misc. Civil Case 28 of 2016

The plaintiff's evidence was uncontroverted due to the defendant's failure to appear or defend, and the court found it probable that the defendant owed the claimed rental arrears and repair costs.

Source excerpt

• Rental arrears
• Repair of premises
• Default judgment
• Assessment of damages

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Liwaladzi - Maranatha Private Limited v AY Mwenda

Liwaladzi - Maranatha Private Limited v AY Mwenda (Civil Cause 33 of 2016) [2018] MWHC 1203 (23 March 2018)

Court

High Court of Malawi

Case number

Civil Cause 33 of 2016

After mediation failed on a lease dispute, the High Court of Malawi terminated mediation and sent the civil claim to trial before another judge.

• Lease agreement
• Maintenance obligations
• Rental arrears
• Termination of lease
• Trespass
• Lease-agreement

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China Africa Energy Investiments v Fred Kapito t/a Fred & Ted Properties and Felix Nakoma

China Africa Energy Investiments v Fred Kapito t/a Fred & Ted Properties and Felix Nakoma (Civil Cause 500 of 2017) [2018] MWHC 1233 (2 March 2018)

Court

High Court of Malawi

Case number

Civil Cause 500 of 2017

The High Court entered judgment on admission for the plaintiff after finding the defendants admitted owing K2,890,000, net of a K850,000 counterclaim for notice pay.

• Tenancy agreement
• Judgment on admission
• Counterclaim
• Set off
• Judgment-on-admission
• Tenancy-dispute

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Chikuse v Malopa (Personal Injury 2 of 2016)

Chikuse v Malopa (Personal Injury 2 of 2016) [2018] MWHC 7 (27 February 2018)

Court

High Court of Malawi

Case number

Personal Injury 2 of 2016

The High Court of Malawi awarded the plaintiff repair costs and loss-of-use damages after the defendant failed to repair a damaged vehicle as agreed.

• Damages
• Assessment of damages
• Breach of contract
• Loss of use
• Special damages
• Assessment-of-damages

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