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Malawi Case Law

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Civil procedure [2022] MWSC 8

Malawi Housing Corporation v Nyirenda

Malawi Housing Corporation v Nyirenda (Civil Appeal 26 of 2021) [2022] MWSC 8 (14 June 2022)

The Supreme Court of Appeal refused to enlarge time to appeal, holding that internal bureaucracy and absence of counsel were not good and substantial reasons for delay.

  • Extension of time
  • Summary judgment
  • Appeals
  • Contractual obligations
  • Extension-of-time
  • Civil-procedure
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Banking law [2017] MWHCCiv 5

Khunga v National Bank of Malawi

Khunga v National Bank of Malawi (Civil Cause 232 of 2015) [2017] MWHCCiv 5 (19 June 2017)

The High Court dismissed Anthony Khunga’s negligence claim against National Bank of Malawi over unauthorized ATM withdrawals, finding the plaintiff contributed to the loss.

  • Negligence
  • Atm card security
  • Duty of care
  • Contractual obligations
  • Banking-negligence
  • Atm-card-security
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Banking law [2017] MWHCCiv 10

Khunga v National Bank of Malawi

Khunga v National Bank of Malawi (Civil Cause 232 of 2015) [2017] MWHCCiv 10 (19 January 2017)

The High Court dismissed a claim over unauthorized ATM withdrawals, holding that the plaintiff failed to prove bank negligence and had contributed to the loss.

  • Negligence
  • Atm fraud
  • Duty of care
  • Contractual obligations
  • Banking-law
  • Atm-fraud
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Contract law [2011] MWHC 77

Chitikuko v Sammy Transport (1677 of 2009)

Chitikuko v Sammy Transport (1677 of 2009) [2011] MWHC 77 (21 March 2011)

The High Court of Malawi dismissed an appeal from the Assistant Registrar, holding that the transporter remained liable for loss during the extended bailment period and could not claim delay damages after charging more.

  • Bailment
  • Contractual obligations
  • Damages
  • Variation of contract
  • Contract-variation
  • Transport-law
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Contract law [2010] MWSC 16

Jussab v NBS Bank (2 of 2010)

Jussab v NBS Bank (2 of 2010) [2010] MWSC 16 (27 July 2010)

The Supreme Court of Appeal held that the bank had a contractual duty to transfer as good a title as it could, failed to register the charge, and caused loss.

  • Contractual obligations
  • Transfer of title
  • Registration of charge
  • Damages for loss
  • Sale of land
  • Contractual-obligations
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Commercial law [2004] MWHC 100

Fatch t/a Catibe Enterprises v Produce Mart International LTD

Fatch t/a Catibe Enterprises v Produce Mart International LTD (Civil Cause 763 of 2000) [2004] MWHC 100 (1 March 2004)

The High Court of Malawi entered judgment for the plaintiff on dishonoured cheques for K152,000 and rejected the defendant’s conditional-payment defence.

  • Dishonoured cheques
  • Contractual obligations
  • Counterclaim
  • Dishonoured-cheques
  • Contract-law
  • Counterclaims
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Contract law [1991] MWHC 24

Sugar Corporation of Malawi Limited v Harding t/a Kirtland Company

Sugar Corporation of Malawi Limited v Harding t/a Kirtland Company (Civil Cause 99 of 1990) [1991] MWHC 24 (18 January 1991)

The High Court of Malawi dismissed a summary judgment application because the identity of the contracting party and the existence of Kirtland Company (S. A.) were genuinely disputed.

  • Summary judgment
  • Proper party identification
  • Contractual obligations
  • Summary-judgment
  • Proper-party
  • Civil-procedure
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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.