Malawi Case Law

Namasasu v Msungama and Another

Namasasu v Msungama and Another (Civil Appeal 8 of 2016) [2017] MWSC 23 (6 March 2017)

Court

Malawi Supreme Court of Appeal

Case number

Civil Appeal 8 of 2016

The applicant failed to establish a good arguable claim for an interlocutory injunction as the dispute is a private law employment matter, not suitable for judicial review, and damages would be an adequate remedy. The disciplinary process was not vitiated by bias due to the doctrine of necessity.

Source excerpt

• Interlocutory injunctions
• Wrongful dismissal
• Judicial review
• Doctrine of necessity
• Employment contracts

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Masanza v Malawi Electoral Commission

Masanza v Malawi Electoral Commission (Civil Cause 96 of 2006) [2006] MWHC 147 (30 October 2006)

Court

High Court of Malawi

Case number

Civil Cause 96 of 2006

The applicant failed to establish a good arguable claim for an injunction. The dispute is a private law matter, not subject to judicial review, and damages would be an adequate remedy. The application for interlocutory injunction is dismissed.

Source excerpt

• Interlocutory injunctions
• Judicial review
• Employment termination
• Doctrine of necessity

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University Council of Malawi v Saukila

University Council of Malawi v Saukila (Civil Appeal 17 of 2000) [2001] MWSC 1 (3 June 2001)

Court

Malawi Supreme Court of Appeal

Case number

Civil Appeal 17 of 2000

The Malawi Supreme Court of Appeal upheld a student’s reinstatement after finding the disciplinary committee lacked quorum, but allowed the college to rehear the charges.

• Judicial review
• Natural justice
• Disciplinary proceedings
• Quorum requirements
• Doctrine of necessity
• Contempt of court

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