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Malawi Case Law

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Family law [2025] MWHC 8

Almeida v Almeida (Being Civil Appeal No. 6 of 2024)

Almeida v Almeida (Being Civil Appeal No. 6 of 2024) [2025] MWHC 8 (3 February 2025)

All issues relating to custody, visitation, and access—including the mother's intended relocation—can and should be resolved within the pending appeal before this court; all other proceedings in other courts are stayed until the appeal is determined to finality.

  • Child custody
  • Visitation rights
  • Parental relocation
  • Jurisdiction
  • Recusal
  • Appeals
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Civil procedure [2024] MWHCCiv 7

Banda v Blantyre Baptist Holdings Limited (Land Cause 121 of 2016)

Banda v Blantyre Baptist Holdings Limited (Land Cause 121 of 2016) [2024] MWHCCiv 7 (19 September 2024)

The High Court dismissed applications to stay an assessment of damages and to rehear damages, holding that the proper remedy was an appeal, not a rehearing before the same court.

  • Assessment of damages
  • Stay of execution
  • Rehearing applications
  • Appeal procedure
  • Assessment-of-damages
  • Stay-of-execution
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Labour law [2024] MWIRC 3

Nkolokosa & 18 others v Banja Lamtsogolo Limited (IRC MATTER 456 of 2017)

Nkolokosa & 18 others v Banja Lamtsogolo Limited (IRC MATTER 456 of 2017) [2024] MWIRC 3 (27 February 2024)

The motion to set aside the order discharging the stay of execution was dismissed because it was not supported by any citation of law or rule, and the respondent failed to take active steps to prosecute the appeal for over two years, thereby unjustifiably depriving the applicants of the fruits of their litigation.

  • Stay of execution
  • Appeals
  • Unfair dismissal
  • Costs
  • Assessment of damages
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Labour law [2024] MWSC 4

First Capital Bank Limited v Kanyika and Others (MISC Civil Application 64 of 2023)

First Capital Bank Limited v Kanyika and Others (MISC Civil Application 64 of 2023) [2024] MWSC 4 (10 January 2024)

The Malawi Supreme Court of Appeal held it lacked jurisdiction to entertain a stay application after refusal below, and vacated its earlier ex parte order.

  • Stay of execution
  • Jurisdiction
  • Appeals
  • Redundancy compensation
  • Stay-of-execution
  • Labour-law
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Civil procedure [2023] MWSC 28

Chalimba t/a Krisken General Suppliers v Standard Bank PLC (MISC Civil Application 50 of 2022)

Chalimba t/a Krisken General Suppliers v Standard Bank PLC (MISC Civil Application 50 of 2022) [2023] MWSC 28 (22 December 2023)

The Supreme Court of Appeal dismissed a preliminary objection application, holding the matter was misconceived and not properly before it under the Act and Rules.

  • Default judgment
  • Jurisdiction
  • Appeals
  • Preliminary objection
  • Default-judgment
  • Preliminary-objection
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Criminal law [2023] MWHCCrim 12

Republic v Selenji (Confirmation Cause 520 of 2023)

Republic v Selenji (Confirmation Cause 520 of 2023) [2023] MWHCCrim 12 (13 December 2023)

The High Court of Malawi confirmed a defilement conviction on a guilty plea but enhanced the sentence from 18 to 25 years, finding it too lenient.

  • Defilement
  • Sentencing
  • Plea of guilt
  • Aggravating and mitigating factors
  • Criminal-sentencing
  • Guilty-plea
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Civil procedure [2023] MWSC 42

Dalitso General Suppliers Limited v National Bank of Malawi (MSCA Misc. Application 19 of 2023)

Dalitso General Suppliers Limited v National Bank of Malawi (MSCA Misc. Application 19 of 2023) [2023] MWSC 42 (7 August 2023)

The Supreme Court of Appeal dismissed a stay application, holding that the challenged High Court order vacating an injunction was inchoate and not appealable.

  • Stay of execution
  • Interlocutory injunctions
  • Appeals
  • Loan facilities
  • Security for debt
  • Stay-of-execution
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Civil procedure [2023] MWSC 37

Kadzipatike and Kamwera t/a KAM Building Contractors v Zhejiang Communications Construction Group Company Limited (MISC Civil Application 29 of 2023)

Kadzipatike and Kamwera t/a KAM Building Contractors v Zhejiang Communications Construction Group Company Limited (MISC Civil Application 29 of 2023) [2023] MWSC 37 (14 July 2023)

The Supreme Court of Appeal of Malawi sustained a stay of execution pending appeal, granted leave to appeal, and excluded later orders made without hearing the Applicants.

  • Stay of execution
  • Appeals
  • Jurisdiction
  • Equitable remedies
  • Stay-of-execution
  • Civil-procedure
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Civil procedure [2023] MWSC 22

Kadzipatike & Kamwera t/a KAM Building Contractors v Zhejiang Communications Contruction Group Company Limited (MSCA Misc. Application 29 of 2023)

Kadzipatike & Kamwera t/a KAM Building Contractors v Zhejiang Communications Contruction Group Company Limited (MSCA Misc. Application 29 of 2023) [2023] MWSC 22 (14 July 2023)

The Malawi Supreme Court of Appeal sustained a stay of execution pending appeal and granted leave to appeal in a commercial execution dispute.

  • Stay of execution
  • Appeals
  • Jurisdiction
  • Equitable remedies
  • Stay-of-execution
  • Commercial-law
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Civil procedure [2023] MWSC 17

General Alliance Insurance Company Limited v Jumbe and Kanthalo

General Alliance Insurance Company Limited v Jumbe and Kanthalo (Civil Appeal 24 of 2023) [2023] MWSC 17 (8 June 2023)

The Supreme Court of Appeal lacks jurisdiction to entertain an application for leave to appeal out of time against an interlocutory order made by an Assistant Registrar; such appeals must first be made to a Judge in chambers.

  • Jurisdiction
  • Appeals
  • Registrar's powers
  • Assessment of costs
  • Interlocutory applications
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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.