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Malawi decisions
Decisions matching the current search
Katete Dairy Farm (1999) Limited v Ghambi & 2 others (Miscellaneous Civil Application 171 of 2013) [2025] MWHC 26 (20 November 2025)
The High Court set aside a default judgment and vacated an injunction after finding the defendants had not been served and had an arguable defence.
The High Court set aside a default judgment because summons had been served by post without a prior court order for alternative service, making service irregular.
Kalua and 11 others v Attorney General (Civil Cause 16 of 2023) [2024] MWHCCiv 3 (25 March 2024)
The claimants failed to prove their employment status, failed to provide evidence of discrimination, did not exhaust internal remedies before the Police Service Commission, and did not comply with statutory notice requirements. Therefore, the application for default judgment was dismissed.
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Nthala v Malawi Airlines Limited (IRC MATTER 483 of 2023) [2024] MWIRC 6 (17 January 2024)
The Industrial Relations Court dismissed motions to set aside default judgment and stay execution, holding that internal negligence was not special cause.
Kandulo and Another v Avis Rent A Car Limited (IRC MATTER 89 of 2017) [2024] MWIRC 5 (2 January 2024)
The Industrial Relations Court dismissed an application to stay execution of judgment, finding no special circumstances and awarding costs to the applicants.
Chalimba t/a Krisken General Suppliers v Standard Bank PLC (MISC Civil Application 50 of 2022) [2023] MWSC 28 (22 December 2023)
The Supreme Court of Appeal dismissed a preliminary objection application, holding the matter was misconceived and not properly before it under the Act and Rules.
Zapamwamba Investment v Daza (Commercial Cause 12 of 2023) [2023] MWHC 76 (4 September 2023)
The summons was not personally served on the defendant as required by the rules, thus the default judgment must be set aside.
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Singini v Attorney General (Civil Cause 336 of 2020) [2023] MWHCCiv 29 (30 August 2023)
The court granted the claimant a default judgment for allocation of alternative land because the defendant failed to file a defence within the prescribed period, and all procedural requirements for default judgment were met. The court declined to grant orders for government vacation of the land or a permanent injunction, as the land had been lawfully acquired and converted to public land by agreement, and public educational facilities had been constructed. The court also declined to order compensation or vary the agreement without hearing from the Regional Commissioner for Lands. Procedural i…
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Osman v Attorney General (Commercial Cause 79 of 2021) [2023] MWHC 52 (13 July 2023)
The court dismissed an application to vary default judgment and held that the interested parties had not proved adverse possession or good title to two properties.
Sibande v Wipa and Another (Civil Cause 274 of 2021) [2023] MWHCCiv 38 (15 June 2023)
The application for default judgment is dismissed due to incurable procedural irregularities (undated and unsigned summons and documents) and lack of jurisdiction, as the dispute should have first been addressed by the Customary Land Management Committee and the Defendants were not parties to the prior lower court case.
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