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Customary law [2022] MWHCCiv 62

Nyirenda v Village Headman Chakwera and Others

Nyirenda v Village Headman Chakwera and Others (Civil Cause 10 of 2018) [2022] MWHCCiv 62 (30 May 2022)

Court
High Court of Malawi Civil Division
Case number
Civil Cause 10 of 2018

The process for the creation and recognition of Mangulu village and its Village Headman in 1994/95 did not comply with the required legal standards of consultation and involvement of all stakeholders, including the District Commissioner and affected parties. Therefore, Mangulu village is not lawfully recognized, and the Claimant's headmanship is invalid. Existing land rights of individuals in the disputed area are not extinguished by the purported creation of Mangulu village, and disputes over land occupation must be resolved individually.

Source excerpt

  • Chieftaincy disputes
  • Village recognition
  • Customary land rights
  • Secession of villages
  • Jurisdiction of chiefs
  • Land encroachment
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Civil procedure [2021] MWHC 181

Catherine Chiphwanya ( on her own behalf & on behalf of the Chiwoza Family) v Anderson Katawa & Others

Catherine Chiphwanya ( on her own behalf & on behalf of the Chiwoza Family) v Anderson Katawa & Others (Civil Cause 730 of 2020) [2021] MWHC 181 (16 February 2021)

Court
High Court of Malawi
Case number
Civil Cause 730 of 2020

The High Court of Malawi refused to discharge an interlocutory injunction in a Chimutu chieftaincy dispute, finding no proven suppression of material facts.

  • Injunctions
  • Chieftaincy disputes
  • Suppression of material facts
  • Interlocutory-injunctions
  • Chieftaincy-disputes
  • Suppression-of-material-facts
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Administrative law [2019] MWHC 132

S & Ors v Makwiti & Anor

S & Ors v Makwiti & Anor (Judicial Review 92 of 2016) [2019] MWHC 132 (30 July 2019)

Court
High Court of Malawi
Case number
Judicial Review 92 of 2016

The High Court of Malawi quashed a District Commissioner’s appellate decision in a chieftaincy dispute, holding there was no legal authority to convene the tribunal.

  • Judicial review
  • Chieftaincy disputes
  • Wednesbury unreasonableness
  • Locus standi
  • Procedural impropriety
  • Judicial-review
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Civil procedure [2018] MWHC 1307

Chiwalo v Pondani ( Nee Mpira) , Sub traditional authority Maoni, Senior group village headman Mangulama and Traditional authority Nkalo

Chiwalo v Pondani ( Nee Mpira) , Sub traditional authority Maoni, Senior group village headman Mangulama and Traditional authority Nkalo (Civil Cause 120 of 2017) [2018] MWHC 1307 (12 December 2018)

Court
High Court of Malawi
Case number
Civil Cause 120 of 2017

The High Court of Malawi dismissed defendants’ bid to vacate an interlocutory injunction, holding that the proper remedy after inter partes hearing was an appeal.

  • Injunctions
  • Chieftaincy disputes
  • Appeals
  • Procedural irregularity
  • Interlocutory-injunctions
  • Civil-procedure
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Administrative law [2018] MWHC 1195

Chilongo v Traditional Authority Chilamwera & Anor

Chilongo v Traditional Authority Chilamwera & Anor (Judicial Review 45 of 2018) [2018] MWHC 1195 (24 October 2018)

Court
High Court of Malawi
Case number
Judicial Review 45 of 2018

The High Court of Malawi continued an interim injunction stopping installation of a village headman, pending judicial review of a chieftaincy dispute.

  • Judicial review
  • Interlocutory injunctions
  • Chieftaincy disputes
  • Judicial-review
  • Interlocutory-injunctions
  • Chieftaincy-disputes
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Customary law [2018] MWHC 869

Botomani v Moyenda

Botomani v Moyenda (Civil Cause 132 of 2015) [2018] MWHC 869 (23 August 2018)

Court
High Court of Malawi
Case number
Civil Cause 132 of 2015

The High Court of Malawi dismissed a plaintiff’s application for stay of execution pending appeal in a chieftaincy dispute over Group Village Headman Duswa.

  • Chieftaincy disputes
  • Stay of execution
  • Appeal procedure
  • Stay-of-execution
  • Appeal-procedure
  • Chieftaincy-disputes
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Public law [2018] MWHC 742

Chintengo v Dalabani & Anor. (Personal Injury 182 of 2017)

Chintengo v Dalabani & Anor. (Personal Injury 182 of 2017) [2018] MWHC 742 (9 July 2018)

Court
High Court of Malawi
Case number
Personal Injury 182 of 2017

The claimant's action, challenging the exercise of statutory powers under the Chiefs Act, should have been commenced by judicial review and not by ordinary action. Commencing by writ of summons is an abuse of court process and is frivolous. The 1st defendant, having been made a party, has locus standi to bring the application.

Source excerpt

  • Locus standi
  • Judicial review
  • Abuse of process
  • Chieftaincy disputes
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Administrative law [2018] MWHC 1316

Kaweche and Kaunda v District Commissioner( Nkhata Bay) and 4 Others

Kaweche and Kaunda v District Commissioner( Nkhata Bay) and 4 Others (Civil Cause 62 of 2013) [2018] MWHC 1316 (12 February 2018)

Court
High Court of Malawi
Case number
Civil Cause 62 of 2013

High Court dismissed a chieftaincy challenge, holding the parties should first return to the District Commissioner to resolve the dispute before court intervention.

  • Judicial review
  • Chieftaincy disputes
  • Appointment of village headmen
  • Procedural fairness
  • Judicial-review
  • Chieftaincy-disputes
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Civil procedure [2017] MWHC 105

Nkanda & Anor. v Kaduya & Anor.

Nkanda & Anor. v Kaduya & Anor. (Civil Cause 247 of 2016) [2017] MWHC 105 (19 April 2017)

Court
High Court of Malawi
Case number
Civil Cause 247 of 2016

The High Court refused to vacate an ex parte injunction in a chieftaincy dispute, keeping the existing officeholder in place pending a special committee or trial.

  • Injunctions
  • Chieftaincy disputes
  • Status quo preservation
  • Chieftaincy-disputes
  • Status-quo
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Administrative law [2017] MWHCCiv 3

Singini v Msuku & Ors.

Singini v Msuku & Ors. (Miscellaneous Civil Application 42 of 2012) [2017] MWHCCiv 3 (6 April 2017)

Court
High Court of Malawi Civil Division
Case number
Miscellaneous Civil Application 42 of 2012

The applicant's appointment as GVH Kandezu was void ab initio as it did not comply with customary law and the Chiefs Act; the removal was proper as the appointing authority participated in the process, and the District Commissioner only facilitated the dispute resolution. The applicant's claims were baseless and the reliefs sought were dismissed.

Source excerpt

  • Chieftaincy disputes
  • Appointment and removal of chiefs
  • Jurisdiction of district commissioner
  • Customary appointment procedures
  • Administrative justice
Read case analysis

About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.