Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Malawi decisions
Decisions matching the current search
The High Court of Malawi found the claimant’s arrest, prosecution and detention were instigated by the defendant, awarding ordinary damages for malicious prosecution and false imprisonment.
Kaliya v Times Television Limited (Civil Cause 153 of 2015) [2024] MWHC 26 (19 April 2024)
The court found that the defendant published defamatory statements about the claimant despite police requests to delay, causing reputational harm. However, the claimant failed to prove pecuniary loss or entitlement to exemplary damages. The court awarded compensatory damages only, considering comparable awards, the erosion of the Malawi Kwacha, and the need to balance compensation with media freedom.
Source excerpt
Banda v Malawi Post Corporation (Personal Injury Cause 138 of 2020) [2024] MWHC 22 (19 March 2024)
The High Court of Malawi dismissed claims for false imprisonment, defamation, malicious prosecution, and conversion of money, but upheld conversion of listed office items.
Mumba v Opportunity International Bank of Malawi (Civil Cause 49 of 2016) [2023] MWHCCiv 9 (15 December 2023)
The Defendant failed to provide evidence of the Claimant's impecuniosity or risk that the appeal would be rendered nugatory; the issue on appeal is only the quantum of damages, not liability, so a stay is not warranted.
Source excerpt
Nkhoma v First Merchant Bank (Civil Cause 41 of 2016) [2023] MWHC 119 (9 August 2023)
The Defendant merely reported the loss to the police, who acted independently in arresting and prosecuting the Claimant; thus, the claim for false imprisonment and defamation fails. However, the Defendant, through its lawyers, obtained consent to prosecute but failed to proceed, indicating lack of reasonable and probable cause, and thus the claim for malicious prosecution succeeds. The claim for reimbursement of legal fees fails for lack of evidence.
Source excerpt
Mwanyali v National Bank of Malawi PLC (Civil Cause 385 of 2020) [2022] MWHCCiv 12 (16 September 2022)
The High Court of Malawi dismissed a claim for false imprisonment, malicious prosecution, and defamation, finding the bank only reported facts and did not instigate the arrest.
Osman v Attorney General (Personal Injury Cause 831 of 2017) [2022] MWHC 135 (4 August 2022)
Claimant proved false imprisonment for 10 days, loss of business, and defamation; no evidence supported malicious prosecution or exemplary damages. Damages awarded based on comparable cases, duration, and circumstances. Costs awarded as case was straightforward and liability settled by default judgment.
Source excerpt
Denvar v Strabag International (Civil Appeal 2 of 2022) [2022] MWSC 15 (30 June 2022)
The Supreme Court of Appeal held that insulting remarks by an employee were not defamatory and dismissed the appeal, making vicarious liability moot.
Mangame v Lujeri Tea Estates Limited (Civil Cause 352 of 2017) [2022] MWHC 64 (20 May 2022)
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.
Majeweta and 8 Others v Attorney General (Civil Cause 142 of 2020) [2022] MWHC 78 (20 May 2022)
Assessment of damages after default judgment for unlawful arrest and related torts. The High Court awarded all nine claimants damages and costs.
Explore more
