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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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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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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Sangala v Sabadia (Land Cause 65 of 2018)

Sangala v Sabadia (Land Cause 65 of 2018) [2023] MWHC 101 (23 June 2023)

Court

High Court of Malawi

Case number

Land Cause 65 of 2018

On assessment of damages after summary judgment, the High Court awarded the claimant MWK 40 million for plot LK 1173, MWK 10 million general damages, and costs.

• Breach of contract
• Specific performance
• Damages assessment
• Breach-of-contract
• Damages-assessment
• Land-dispute

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Londiwa t/a Kaizwanga Investment and General Dealers v Standard Bank plc

Londiwa t/a Kaizwanga Investment and General Dealers v Standard Bank plc (Commercial Cause 32 of 2022) [2023] MWCommC 2 (20 April 2023)

Court

High Court of Malawi Commercial Division

Case number

Commercial Cause 32 of 2022

The claimant's action is frivolous and vexatious as the bank complied with all statutory requirements, acted in good faith, and the claimant suppressed material facts. The law does not support the remedies sought by the claimant, and any loss suffered is remediable only by damages, not injunction. The injunction was improperly obtained and must be vacated; the action is dismissed with costs to the defendant.

Source excerpt

• Injunctions
• Power of sale
• Breach of contract
• Frivolous and vexatious proceedings

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Mota Engil Engenharia E Construcao (MW) v Omega security Solutions (Pvt) Limited

Mota Engil Engenharia E Construcao (MW) v Omega security Solutions (Pvt) Limited (Civil Appeal 159 of 2013) [2022] MWSC 23 (20 December 2022)

Court

Malawi Supreme Court of Appeal

Case number

Civil Appeal 159 of 2013

The grounds of appeal did not comply with Order III, rule 2 of the Supreme Court of Appeal Rules, being argumentative, imprecise, ambiguous, and failing to specify whether based on law or fact. There were no interests of justice warranting waiver of non-compliance. Consequently, there was no competent appeal before the Court, and the appeal was dismissed for want of due prosecution.

Source excerpt

• Appeal grounds
• Procedural compliance
• Breach of contract
• Damages
• Interest
• Dismissal for want of prosecution

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Patel and 3 others v Press corporation Limited & 1 other

Patel and 3 others v Press corporation Limited & 1 other (Civil Appeal 3072 of 2003) [2022] MWSC 24 (14 December 2022)

Court

Malawi Supreme Court of Appeal

Case number

Civil Appeal 3072 of 2003

The Supreme Court of Appeal addressed a long-running joint venture dispute, upheld minority shareholder protection, dismissed the cross-appeal, and restored the original shareholding ratio.

• Minority shareholder protection
• Joint venture agreements
• Breach of contract
• Amendment of pleadings
• Corporate management
• Liquidation

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RMT Initiative Limited t/a C-Track v Electricity Supply Commision of Malawi (MSCA Civil Appeal 52 of 2019)

RMT Initiative Limited t/a C-Track v Electricity Supply Commision of Malawi (MSCA Civil Appeal 52 of 2019) [2022] MWSC 25 (6 October 2022)

Court

Malawi Supreme Court of Appeal

Case number

MSCA Civil Appeal 52 of 2019

The Supreme Court of Appeal dismissed an appeal against refusal to restore a claim dismissed for non-attendance at mediation, finding no abuse of discretion.

• Breach of contract
• Restoration of dismissed suit
• Judicial discretion
• Mediation procedure
• Civil-procedure
• Judicial-discretion

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Mangame v Lujeri Tea Estates Limited

Mangame v Lujeri Tea Estates Limited (Civil Cause 352 of 2017) [2022] MWHC 64 (20 May 2022)

Court

High Court of Malawi

Case number

Civil Cause 352 of 2017

The High Court of Malawi dismissed a tea grower’s claims for breach of contract, damages, and defamation after finding no proven written contract and no actionable defamation.

• Breach of contract
• Defamation
• Damages
• Proof of contract
• Proof of loss
• Breach-of-contract

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Brymsons Limited v National Bank of Malawi Limited

Brymsons Limited v National Bank of Malawi Limited (Commercial Case 42 of 2013; MSCA Civil Appeal 77 of 2015) [2022] MWSC 4 (31 March 2022)

Court

Malawi Supreme Court of Appeal

Case number

Commercial Case 42 of 2013 ; MSCA Civil Appeal 77 of 2015

The appellant's own practices in handling cheque books, failure to audit accounts, and failure to check bank statements facilitated the fraud. The bank exercised reasonable care and skill as required by law, and the signatures were so similar that detection by ordinary means was not possible. The appellant is precluded from setting up the forgery or want of authority. The appeal is dismissed with costs.

Source excerpt

• Banker-customer relationship
• Duty of care
• Forged cheques
• Breach of contract
• Estoppel

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