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Malawi decisions
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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.
The High Court dismissed the State’s ex parte bid to withdraw a corruption trial, holding that the Criminal Procedure and Evidence Code withdrawal provision did not apply to High Court cases.
The High Court dismissed the State’s application to withdraw a criminal case, holding that section 81 of the Criminal Procedure and Evidence Code does not apply to High Court trials.
Kabambe v Nyasulu & The Director of Public Prosecutions (Judicial Review 2 of 2025) [2025] MWHC 12 (28 April 2025)
The claimant failed to demonstrate an arguable case fit for judicial review. The exercise of prosecutorial discretion by the DPP is reviewable only in exceptional circumstances, and the claimant did not exhaust the constitutional accountability mechanism via the Legal Affairs Committee of Parliament. The application is premature and misconceived, and the criminal process provides adequate remedies.
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The High Court dealt with a withdrawn bail application in a homicide matter, held that criminal process and case-management directions remained active, and ordered release without conditions and further steps.
Nomanda and 20 Others v City Council of Blantyre (Civil Cause 30 of 2021) [2024] MWHC 31 (25 January 2024)
Both the Claimants and the Defendant failed to prosecute their respective claims and counterclaims for thirty-five months, constituting inordinate and inexcusable delay and abuse of court process, justifying dismissal of both proceedings for want of prosecution.
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Nomanda and 20 Others v City Council of Blantyre (Civil Cause 30 of 2021) [2024] MWHC 30 (25 January 2024)
The High Court of Malawi dismissed both the claim and counterclaim for want of prosecution after 35 months of inactivity, with each party bearing its own costs.
Dalitso General Suppliers Limited v National Bank of Malawi (Commercial Cause 456 of 2022) [2023] MWHC 58 (25 May 2023)
The High Court of Malawi ordered consolidation of two related suits over the same loan facilities, finding the separate actions should be managed together.
S (on the application of Riaz Jakhura) v Inspector General of Police (Judicial Review Case 11 of 2023) [2023] MWHCCiv 10 (19 May 2023)
The High Court of Malawi refused permission for judicial review of a police decision to arrest and prosecute the claimant, finding no proved abuse of discretion.
Chitimbe, Kangoma and kapwepwe (As Administrator of Kapwepwe) v Chalimba (Commercial Cause 23 of 2017) [2023] MWHCCrim 8 (12 May 2023)
The High Court cannot entertain a fresh action on the same subject matter already determined by an arbitrator, as the arbitrator's award is final and binding unless set aside by application for misconduct or improper procurement. The parties' attempt to re-litigate the matter in court constitutes an abuse of process. The arbitrator's award remains intact and enforceable.
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