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Malawi Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

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Company law [2025] MWHC 26

Katete Dairy Farm (1999) Limited v Ghambi & 2 others

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.

  • Default judgment
  • Service of process
  • Injunction
  • Shareholding forfeiture
  • Extension of time
  • Default-judgment
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Constitutional law [2025] MWHC 19

The State( On The Application Of Democratic Progressive Party) vs Electoral Commission & Mpesi

The State( On The Application Of Democratic Progressive Party) vs Electoral Commission & Mpesi (Judicial Review Cause 36 of 2022) [2025] MWHC 19 (20 August 2025)

The claimant failed to demonstrate any specific injury or legally protected right infringed by the appointment of the interested party as Chief Elections Officer. The claimant's fears were speculative and not based on any actual breach or decision. Judicial review cannot be founded on anticipated future decisions or speculative harm. The claimant lacked locus standi and sufficient interest; therefore, permission for judicial review and interlocutory injunction was denied.

  • Locus standi
  • Judicial review
  • Appointment of public officers
  • Apolitical requirements
  • Injunctions
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Civil procedure

Ronald Amos and Elizabeth Amos v Alice Amos Phiri

The High Court’s Family and Probate Division held that a partnership-and-property dispute was commercial in nature, lacked jurisdiction, and was transferred.

  • Transfer of matter between high court divisions
  • Specialised divisions of the high court
  • Reasonable cause of action
  • Costs
  • Interlocutory injunction
  • Jurisdiction
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Property law [2024] MWHCCiv 22

Ngwira v Ngwira & Chiumia

Ngwira v Ngwira & Chiumia (Miscellaneous Civil Case 36 of 2018) [2024] MWHCCiv 22 (24 April 2024)

The High Court of Malawi held that Francis Ngwira proved ownership of Plot 25/SQ/73, rejected the 2nd defendant’s bona fide purchaser defence, and granted injunctive relief.

  • Land ownership
  • Bona fide purchaser
  • Injunctions
  • Burden of proof
  • Title to land
  • Land-ownership
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Civil procedure [2024] MWHC 30

Nomanda and 20 Others v City Council of Blantyre

Nomanda and 20 Others v City Council of Blantyre (Civil Cause 30 of 2021) [2024] MWHC 30 (25 January 2024)

The High Court of Malawi dismissed both the claim and counterclaim for want of prosecution after 35 months of inactivity, with each party bearing its own costs.

  • Dismissal for want of prosecution
  • Injunctions
  • Abuse of process
  • Dismissal-for-want-of-prosecution
  • Civil-procedure
  • Abuse-of-process
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Banking law [2023] MWHC 95

Mulli Brothers Limited v Eco Bank Limited

Mulli Brothers Limited v Eco Bank Limited (Commercial Cause 399 of 2020) [2023] MWHC 95 (8 December 2023)

The High Court dismissed Ecobank’s application to discharge an interlocutory injunction over Chitakale Estate, finding the application out of time and misconceived.

  • Injunctions
  • Loan default
  • Assignment of proceeds
  • Enforcement of court orders
  • Interlocutory-injunctions
  • Assignment-of-proceeds
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Civil procedure [2023] MWHC 129

Thornicroft v Malawi Housing Corporation

Thornicroft v Malawi Housing Corporation (Civil Cause 121 of 2023) [2023] MWHC 129 (17 November 2023)

The High Court set aside an interlocutory injunction protecting an alleged occupier of a Malawi Housing Corporation house, finding suppression of material facts and no arguable tenancy right.

  • Injunctions
  • Tenancy
  • Disclosure of material facts
  • Estoppel
  • Civil-procedure
  • Material-nondisclosure
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Banking law [2023] MWHCCrim 9

Bilderberg Limited and Bilderberg v Ecobank Malawi Limited

Bilderberg Limited and Bilderberg v Ecobank Malawi Limited (Commercial Case 157 of 2022) [2023] MWHCCrim 9 (26 October 2023)

The court dismissed contempt allegations against Ecobank directors and suspended a mandatory injunction, holding there was no willful disobedience and criminal proceedings took precedence.

  • Freezing orders
  • Injunctions
  • Contempt of court
  • Due process
  • Good faith compliance
  • Property rights
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Tax law [2023] MWSC 40

Gaffar t/a Mapeto Tyres (MSCA Misc. Application 55 of 2021)

Gaffar t/a Mapeto Tyres (MSCA Misc. Application 55 of 2021) [2023] MWSC 40 (26 July 2023)

The court granted an injunction releasing impounded tyres, finding continued seizure would irreparably harm the applicant’s business pending tax proceedings.

  • Injunctions
  • Tax compliance
  • Seizure of goods
  • Tax-compliance
  • Seizure-of-goods
  • Irreparable-harm
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Tax law [2023] MWSC 19

Gaffar T/A Mapeto Tyres & Mapeto Retread v Malawi Revenue Authority (55 of 2021)

Gaffar T/A Mapeto Tyres & Mapeto Retread v Malawi Revenue Authority (55 of 2021) [2023] MWSC 19 (26 July 2023)

The Supreme Court of Appeal dismissed an injunction application for release of impounded tyres, holding it was improperly brought as a stand-alone appellate application.

  • Injunctions
  • Seizure of goods
  • Appellate procedure
  • Seizure-of-goods
  • Appellate-procedure
  • Tax-law
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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.