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Malawi decisions
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The Industrial Relations Court granted summary disposal, entered liability for overtime shortfall, and awarded each Applicant MK 4,000,000 for unfair labour practices.
Kazembe v January & 2 others (Civil Cause 488 of 2019) [2022] MWHC 216 (23 June 2022)
The High Court dismissed a preliminary objection to assessment of damages, holding that the 2nd Defendant had not followed directions to bring an inter-parties stay application.
S (On the application of Uncle Joe Investments, Iron Building Contractors, Tigu Building Contractors and G.J Civil Engineering) v Internal Procurement and Proposal Committee of Mulanje District Council) (Judicial Review Case 71 of 2021) [2022] MWHC 189 (30 May 2022)
The Interested Party, having been added as a party to the proceedings, cannot rely on Order 23, rule 8, CPR, which is intended for non-parties. His remedy, if aggrieved by the Consent Order, is to appeal. The application is misconceived and dismissed.
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S (On application of Benard Ndau, Dr Agness Mwangwera and Beleke Kaomba representing themseleves and members of Kasungu Peoples Trust) v Kasungu Municipal Council , Chief Executive office of Kasungu Municipal Council, Mayor ( Kasungu Municipal Council) and Mafuta (Judicial Review Case 42 of 2021) [2022] MWHCCiv 33 (28 March 2022)
The High Court dismissed an interested party’s application to strike terms from a consent order, holding that Order 23 rule 8 did not assist a party to the case.
Kara v Lake Trans Limited (Civil Cause 232 of 2018) [2021] MWHC 259 (3 December 2021)
The execution was regular as the Defendant failed to comply with the court's order to file their application to set aside the default judgment within 7 days, thus the default judgment stood and execution was proper. The consent order was set aside by the present ruling and replaced with new conditions for the Defendant to pursue their application, including payment of Sheriff Fees and a deposit for the fuel. The Defendant cannot challenge the seizure on behalf of a third party without interpleader proceedings by the third party.
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Mbewe v Ng'oma & Real Insurance Company Limited (Civil Appeal 629 of 2015) [2021] MWHC 266 (22 November 2021)
The High Court dismissed a preliminary objection to a bill of costs, holding that pending enforcement proceedings and a related consent order kept the application within time.
Mbewe v Ng`oma and Real Insurance Company Limited (Civil Cause 629 of 2015) [2021] MWHC 284 (22 November 2021)
The High Court dismissed a preliminary objection to a bill of costs, holding it was not out of time because enforcement proceedings were still pending and a later consent order was a valid basis.
Tembo v Electricity Supply Corporation of Malawi( Ltd) (Civil Cause 371 of 2019) [2021] MWHCCiv 19 (6 August 2021)
The High Court dismissed a claimant’s summary judgment application in a negligence dispute, finding material factual conflicts and that the prior consent order did not admit liability.
Ketrina Chizonda (Mother suing on her own behalf and on behalf of the beneficiaries and dependents of the estate of Manuel Sikalioti and Pemphero Sikalioti (Deceased) and Williness Joseph (suing through Selina Joseph mother and next friend) v Precious Kambana and Britam Insurance Company Limited (Civil Cause 838 of 2020) [2021] MWHC 107 (28 June 2021)
The High Court of Malawi dismissed a preliminary objection that a consent order capped both damages and costs at the insurer’s policy limit, holding costs remained recoverable.
Mbepula v Attorney General (Civil Cause 8 of 2002) [2021] MWHC 235 (15 March 2021)
The High Court of Malawi held there was no concluded contract to buy a government house at MWK800,000, ordered a re-offer at current value, and upheld rental liability.
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