Malawi Case Law

Jumbe v Kasema and 1 other (MSCA Miscellaneous Civil Application 46 of 2023)

Jumbe v Kasema and 1 other (MSCA Miscellaneous Civil Application 46 of 2023) [2024] MWSC 2 (11 January 2024)

Court

Malawi Supreme Court of Appeal

Case number

MSCA Miscellaneous Civil Application 46 of 2023

The Supreme Court of Appeal dismissed an interlocutory injunction application, holding it was improperly before the court without a pending appeal and was barred by statutory notice rules.

• Jurisdiction of appellate courts
• Interlocutory injunctions
• Distress for rent
• Suits against government
• Adequacy of damages
• Clean hands doctrine

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Banda v Malawi Housing Corparation

Banda v Malawi Housing Corparation (Civil Cause 91 of 2018) [2018] MWHC 988 (3 September 2018)

Court

High Court of Malawi

Case number

Civil Cause 91 of 2018

The Defendant failed to provide a substantive or credible explanation for not filing a defence within the prescribed period, and the proposed defence lacked merit. The application to set aside the default judgment was therefore dismissed.

Source excerpt

• Default judgment
• Setting aside judgment
• Eviction
• Trespass
• Damages

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CSL Panel Beaters v Nunes Properties Ltd (Misc. Civil Cause 177 of 2018)

CSL Panel Beaters v Nunes Properties Ltd (Misc. Civil Cause 177 of 2018) [2018] MWHC 783 (4 July 2018)

Court

High Court of Malawi

Case number

Misc. Civil Cause 177 of 2018

The claimant failed to establish a triable issue as the main claim was for an injunction, which is not a cause of action. The defendant acted in accordance with the lease, and the matter is of commercial significance and should be heard in the Commercial Division. The application for injunction is dismissed for want of a triable issue.

Source excerpt

• Injunctions
• Holding over
• Lease agreements
• Jurisdiction
• Peaceful occupation

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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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Mkandawire v Malawi Housing Corporation

Mkandawire v Malawi Housing Corporation (Civil Cause 18 of 2017) [2017] MWHC 54 (3 February 2017)

Court

High Court of Malawi

Case number

Civil Cause 18 of 2017

The High Court of Malawi granted an interlocutory injunction in a tenancy dispute, finding a triable issue over alleged sub-letting and balancing convenience in the tenant’s favour.

• Interlocutory injunctions
• Tenancy termination
• Sub-letting
• Adequacy of damages
• Balance of convenience
• Interlocutory-injunctions

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Munthali v Banda

Munthali v Banda (Civil Cause 274 of 2013) [2016] MWHC 716 (10 February 2016)

Court

High Court of Malawi

Case number

Civil Cause 274 of 2013

The High Court of Malawi found an oral landlord-tenant dispute partly for the landlord, awarding rent arrears, half the renovation costs, and notice pay.

• Breach of contract
• Rent arrears
• Repairs and renovation
• Notice to vacate
• Landlord-and-tenant
• Rent-arrears

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Muhhamad t/a Mejuk Collections v Pacific Ltd

Muhhamad t/a Mejuk Collections v Pacific Ltd (Civil Cause No. 365 of 2010) [2015] MWHC 434 (17 December 2015)

Court

High Court of Malawi

Case number

Civil Cause No. 365 of 2010

High Court of Malawi held that distress for rent was lawful, no proven seizure of personal items occurred, and the plaintiff failed to prove illegal eviction.

• Distress for rent
• Eviction
• Trespass
• Conversion
• Damages
• Distress-for-rent

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Maranatha International Academy Ltd v Petroda (Malawi) Ltd

Maranatha International Academy Ltd v Petroda (Malawi) Ltd (Civil Cause 466 of 2013) [2013] MWHC 1 (26 November 2013)

Court

High Court of Malawi

Case number

Civil Cause 466 of 2013

The High Court of Malawi refused an interim injunction sought by a tenant to stop a landlord’s distress for rent and eviction, finding damages adequate and no serious triable issue.

• Interim injunctions
• Distress for rent
• Eviction
• Adequacy of damages
• Common law rights
• Sheriff's powers

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Joubertina Furnishers (Pty) Ltd t/a Carnival Furnitures v Lilongwe City Mall (None)

Joubertina Furnishers (Pty) Ltd t/a Carnival Furnitures v Lilongwe City Mall (None) [2013] MWHC 443 (2 May 2013)

Court

High Court of Malawi

There were no serious factual or legal issues raised to warrant interim relief; the distress for rent was lawful, the Sheriff of Malawi did not require a bailiff certificate, and damages would be an adequate remedy for the plaintiff. The balance of justice and convenience favored refusing the injunction.

Source excerpt

• Distress for rent
• Interlocutory injunctions
• Registered land act
• Sheriff's powers
• Adequacy of damages

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