Malawi Case Law

GM Plastics Industry Limited v Shamrock Group Of Companies Limited

GM Plastics Industry Limited v Shamrock Group Of Companies Limited (Commercial Cause 327 of 2018) [2025] MWHC 25 (26 November 2025)

Court

High Court of Malawi

Case number

Commercial Cause 327 of 2018

The Claimant proved on the balance of probabilities that an agreement existed for compensation in Malawi Kwacha equivalent to US$25,000, and the Defendant breached this agreement by failing to pay. The claim is not illegal as payment is sought in local currency, with US Dollars as a reference. Defendant's failure to call witnesses supports adverse inference against its case.

Source excerpt

• Breach of contract
• Compensation for currency devaluation
• Burden of proof
• Party costs

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Kasuma v Micro Loan Foundation Ltd (IRC MATTER 610 of 2016)

Kasuma v Micro Loan Foundation Ltd (IRC MATTER 610 of 2016) [2025] MWHC 7 (3 February 2025)

Court

High Court of Malawi

Case number

IRC MATTER 610 of 2016

The court held that Agnes Kasuma was unfairly dismissed after finding the exit agreement was signed under economic duress and the disciplinary process was irregular.

• Unfair dismissal
• Duress in employment contracts
• Procedural justice in disciplinary hearings
• Employment contract termination
• Employee protection
• Unfair-dismissal

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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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Africa Investment Group LTD v Attorney General ( Ministry of Agriculture & Ministry of Finance) , Famers Fertilizer Revolving Fund of Malawi & Malawi Fertilizer Company LTD (51 of 2024)

Africa Investment Group LTD v Attorney General ( Ministry of Agriculture & Ministry of Finance) , Famers Fertilizer Revolving Fund of Malawi & Malawi Fertilizer Company LTD (51 of 2024) [2024] MWHC 57 (22 July 2024)

Court

High Court of Malawi

Case number

51 of 2024

The High Court of Malawi entered judgment by consent, ordering payment of the claimant’s debt, interest and costs, and a refund from the third party in escrow terms.

• Settlement
• Debt recovery
• Enforcement of judgment
• Consent-judgment
• Commercial-law
• Contract-law

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NBS Bank Limited v Kaonga and others

NBS Bank Limited v Kaonga and others (Commercial Case 134 of 2014) [2024] MWCommC 2 (24 February 2024)

Court

High Court of Malawi Commercial Division

Case number

Commercial Case 134 of 2014

There was no cogent evidence of fraud by the defendants; the matter is one of outstanding debt. The 1st and 2nd defendants are liable for the sums claimed plus interest. Claims for attachment of the 3rd defendant’s beneficial interest and for general and exemplary damages fail. Order for delivery of vehicles is granted if recovery is possible.

Source excerpt

• Loan default
• Security for loans
• Fraud allegations
• Breach of contract
• Damages
• Attachment of property

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Kaimila v Bandawe

Kaimila v Bandawe (Commercial Cause 266 of 2022) [2024] MWHC 10 (6 February 2024)

Court

High Court of Malawi

Case number

Commercial Cause 266 of 2022

The High Court of Malawi held the defendant had no arguable defence and disposed of the matter on preliminary issues, entering judgment for the claimant.

• Loan agreement
• Illegality of contract
• Unconscionable bargain
• Estoppel
• Freedom of contract
• Loan-agreement

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Mulli Brothers Limited v Eco Bank Limited

Mulli Brothers Limited v Eco Bank Limited (Commercial Cause 399 of 2020) [2023] MWHC 95 (8 December 2023)

Court

High Court of Malawi

Case number

Commercial Cause 399 of 2020

The High Court dismissed Ecobank’s application to discharge an interlocutory injunction over Chitakale Estate, finding the application out of time and misconceived.

• Injunctions
• Loan default
• Assignment of proceeds
• Enforcement of court orders
• Interlocutory-injunctions
• Assignment-of-proceeds

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Fargo Limited v Ecobank Malawi Limited

Fargo Limited v Ecobank Malawi Limited (Commercial Case 101 of 2021) [2023] MWHC 45 (7 December 2023)

Court

High Court of Malawi

Case number

Commercial Case 101 of 2021

The imposition of penalty interest on a secured debt is not commercially justifiable and is unconscionable. The Defendant cannot be compensated through both penalty interest and security. The penalty interest clause is penal and unenforceable; thus, the transaction must be reopened and the outstanding balance recalculated excluding penalty interest.

Source excerpt

• Penalty interest
• Unconscionable conduct
• Loan recovery
• Secured transactions

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Waterfalls International Holdings Limited v Chikola t/a Chikola Investments

Waterfalls International Holdings Limited v Chikola t/a Chikola Investments (Commercial Cause 144 of 2023) [2023] MWHC 49 (5 December 2023)

Court

High Court of Malawi

Case number

Commercial Cause 144 of 2023

The High Court of Malawi dismissed the defendant’s application for summary judgment on a counterclaim for payment for fertiliser, finding triable issues over title and the alleged theft.

• Summary judgment
• Breach of contract
• Title to goods
• Counterclaim
• Summary-judgment
• Title-to-goods

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SKIPCO Malawi Limited vs Blantyre Printing & Publishing CO. LTD. and Blantyre Printing & Packaging CO. LTD

SKIPCO Malawi Limited vs Blantyre Printing & Publishing CO. LTD. and Blantyre Printing & Packaging CO. LTD (Commercial Cause 35 of 2008) [2023] MWHC 50 (29 November 2023)

Court

High Court of Malawi

Case number

Commercial Cause 35 of 2008

The High Court dismissed an application to assess further interest after the parties had executed and paid under an Agreed Order fixing the interest sum.

• Enforcement of agreed orders
• Interest calculation
• Res judicata
• Variation of consent orders
• Agreed-orders
• Interest-calculation

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