Malawi Case Law

S (on application of Mwangulube t/a Mwangulube & Company) v Disciplinary Committee of the Malawi Law Society

S (on application of Mwangulube t/a Mwangulube & Company) v Disciplinary Committee of the Malawi Law Society (Judicial Review Cause 5 of 2025) [2025] MWHCCiv 6 (25 March 2025)

Court

High Court of Malawi Civil Division

Case number

Judicial Review Cause 5 of 2025

The High Court struck out a preliminary objection in a judicial review case because it was raised orally without a formal application, sworn statement, or skeleton arguments.

• Judicial review
• Disciplinary proceedings
• Double jeopardy
• Practice licence requirements
• Judicial-review
• Preliminary-issues

Read case analysis

State v Director of Anti Corruption Bureau

State v Director of Anti Corruption Bureau (Miscellaneous Civil Application 6 of 2022) [2022] MWSC 14 (19 April 2022)

Court

Malawi Supreme Court of Appeal

Case number

Miscellaneous Civil Application 6 of 2022

The Supreme Court of Appeal declined to vary a High Court order refusing a stay of criminal proceedings pending judicial review, holding there was no basis to interfere with the judge’s discretion.

• Judicial review
• Stay of proceedings
• Double jeopardy
• Abuse of office
• Injunctions
• Judicial-review

Read case analysis

Mpinganjira v Director of Anti- Corruption Bureau

Mpinganjira v Director of Anti- Corruption Bureau (Criminal Review Case 3 of 2020) [2020] MWHCCrim 19 (7 April 2020)

Court

High Court of Malawi Criminal Division

Case number

Criminal Review Case 3 of 2020

The affected party failed to provide good and substantial reasons for delay in filing the notice of appeal and did not demonstrate prima facie good cause for the appeal. The risk of double disciplinary action was unfounded as the Disciplinary Committee would inquire into separate issues. Consequently, the application for addition as a party, leave to appeal, extension of time, and stay pending appeal was dismissed in its entirety.

Source excerpt

• Disciplinary proceedings
• Leave to appeal
• Extension of time
• Stay of execution
• Double jeopardy

Read case analysis

Mpotandevu v R

Mpotandevu v R (Criminal Appeal 185 of 2012) [2013] MWHC 491 (8 August 2013)

Court

High Court of Malawi

Case number

Criminal Appeal 185 of 2012

The High Court of Malawi allowed a criminal appeal, quashing convictions for robbery and unlawful wounding, and set aside the related sentences.

• Robbery
• Unlawful wounding
• Conviction
• Plea of guilty
• Double jeopardy
• Criminal-law

Read case analysis

Mdaza & 22 Others v Chitimbe t/a AUTOHUB

Mdaza & 22 Others v Chitimbe t/a AUTOHUB (Commercial Cause 163 of 2023) [2004] MWHC 108 (24 January 2004)

Court

High Court of Malawi

Case number

Commercial Cause 163 of 2023

The High Court of Malawi granted summary judgment for the claimants and refused to stay the civil case pending alleged criminal proceedings.

• Summary judgment
• Stay of proceedings
• Jurisdiction
• Double jeopardy
• Summary-judgment
• Stay-of-proceedings

Read case analysis