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Malawi Case Law

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Civil-procedure [2023] MWCommC 1

Kamwera t/a KM Building Contractors v Zheijang Communications Construction Group Company

Kamwera t/a KM Building Contractors v Zheijang Communications Construction Group Company (Commercial Case 78 of 2020) [2023] MWCommC 1 (16 May 2023)

Court
High Court of Malawi Commercial Division
Case number
Commercial Case 78 of 2020

The High Court set aside a private-treaty sale of seized vehicles, declined to review costs, and ordered repayment of the vehicles’ value to the defendant.

  • Assessment-of-costs
  • Execution-of-judgments
  • Sheriffs-act
  • Sale-by-private-treaty
  • Abuse-of-court-process
  • Execution-of-judgment
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Civil-procedure [2021] MWSC 9

Liphava & Others v Mbaula & Prime Insurance Company Limited

Liphava & Others v Mbaula & Prime Insurance Company Limited (Civil Appeal 40 of 2019; Personal Injury Cause 848 of 2013) [2021] MWSC 9 (2 December 2021)

Court
Malawi Supreme Court of Appeal
Case number
Civil Appeal 40 of 2019 ; Personal Injury Cause 848 of 2013

The Supreme Court of Appeal held that an appeal from an Assistant Registrar’s stand-alone order for permanent stay of execution was incompetent.

  • Appeals-from-registrar
  • Execution-of-judgments
  • Insurance-liability-limits
  • Assessment-of-damages
  • Civil-procedure
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Civil-procedure [2008] MWHC 178

Latif v Manica (Malawi) Ltd (Misc. Civil Appeal 28 of 2007)

Latif v Manica (Malawi) Ltd (Misc. Civil Appeal 28 of 2007) [2008] MWHC 178 (30 September 2008)

Court
High Court of Malawi
Case number
Misc. Civil Appeal 28 of 2007

The Malawi Supreme Court of Appeal dismissed an appeal seeking to adduce fresh evidence, holding the evidence was not material and did not meet the test for admission.

  • Fresh-evidence-on-appeal
  • Interpleader-proceedings
  • Execution-of-judgments
  • Civil-procedure
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Civil-procedure [2008] MWHC 232

Chapola v United General Insurance & Anor. (1110 of 2005)

Chapola v United General Insurance & Anor. (1110 of 2005) [2008] MWHC 232 (5 June 2008)

Court
High Court of Malawi
Case number
1110 of 2005

The High Court of Malawi held that payment into court after judgment did not satisfy the judgment debt and dismissed the defendants’ appeal on sheriff fees.

  • Execution-of-judgments
  • Payment-into-court
  • Sheriff-fees
  • Stay-of-execution
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Civil-procedure [2008] MWHC 111

Chapola v United General Insurance Co & Anor.

Chapola v United General Insurance Co & Anor. (Civil Cause 1110 of 2005) [2008] MWHC 111 (5 June 2008)

Court
High Court of Malawi
Case number
Civil Cause 1110 of 2005

The High Court upheld sheriff fees and expenses after finding the defendants’ payment into court was not made under Order 22 and execution was properly levied.

  • Execution-of-judgments
  • Payment-into-court
  • Sheriff-fees
  • Costs
  • Civil-procedure
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Civil-procedure [2005] MWHC 13

Osman v Registered Trustees, United Democratic Front (3307 of 2004)

Osman v Registered Trustees, United Democratic Front (3307 of 2004) [2005] MWHC 13 (24 August 2005)

Court
High Court of Malawi
Case number
3307 of 2004

The High Court of Malawi set aside the joinder of Dr Bakili Muluzi after default judgment and ordered release of a vehicle seized in execution.

  • Joinder-of-parties
  • Interpleader-proceedings
  • Enforcement-of-judgments
  • Execution-of-judgments
  • Civil-procedure
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Civil-procedure [2004] MWHC 101

A.K.I Investments v Malawi Housing Corporation

A.K.I Investments v Malawi Housing Corporation (Civil Cause 588 of 2001) [2004] MWHC 101 (29 July 2004)

Court
High Court of Malawi
Case number
Civil Cause 588 of 2001

The High Court of Malawi held that execution after default on an instalment could only issue for the instalment in default, not the whole judgment debt.

  • Execution-of-judgments
  • Instalment-payments
  • Consent-judgments
  • Civil-procedure
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Civil-procedure [1992] MWHC 46

Casalee Cargo Limited v Attorney General

Casalee Cargo Limited v Attorney General (Civil Cause 403 of 1990) [1992] MWHC 46 (7 November 1992)

Court
High Court of Malawi
Case number
Civil Cause 403 of 1990

The High Court held that section 8 of the Civil Procedure Act did not govern satisfaction of all government judgment debts, and directed use of the Petition of Rights Act procedure.

  • Execution-of-judgments
  • Satisfaction-of-judgment-debts
  • Government-proceedings
  • Judgment-enforcement
  • Government-liability
  • Civil-procedure
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Civil-procedure [1988] MWHC 21

Deweto International Limited v Gator International (Malawi) Limited

Deweto International Limited v Gator International (Malawi) Limited (Civil Cause 1 of 1986) [1988] MWHC 21 (8 January 1988)

Court
High Court of Malawi
Case number
Civil Cause 1 of 1986

The High Court refused a request to sell seized assets by private treaty, holding that all execution creditors had to be served and that distribution follows priority, not a pro rata split.

  • Sale-of-seized-assets
  • Priority-of-creditors
  • Sheriffs-act
  • Private-treaty-sale
  • Execution-of-judgments
  • Creditor-priority
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Civil-procedure [1987] MWHC 1

Various persons v Mandidya and Tembo

Various persons v Mandidya and Tembo (Civil Cause 92 of 1987) [1987] MWHC 1 (13 April 1987)

Court
High Court of Malawi
Case number
Civil Cause 92 of 1987

The High Court of Malawi dismissed interpleader claims to a seized vehicle because the claimants failed to serve the affidavits required by Order 17 rule 3.

  • Interpleader-proceedings
  • Affidavit-requirements
  • Execution-creditor-rights
  • Execution-of-judgments
  • Civil-procedure
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.