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Malawi decisions
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State v The Minister of Home Land Security and 1 other (Miscellaneous Civil Application 38 of 2023) [2023] MWSC 24 (4 July 2023)
The Supreme Court of Appeal refused ex parte relief to stop deportation, holding the High Court had properly directed that the application be heard inter partes.
S v Minister of Homeland Security and Chief Immigration Officer (Miscellaneous Civil Application 38 of 2023) [2023] MWSC 16 (4 July 2023)
The Supreme Court of Appeal refused an ex parte application to block deportation, holding the High Court was entitled to hear the judicial review request inter partes first.
Phekani v NBS Bank Limited (Civil Appeal 66 of 2017) [2017] MWSC 5 (20 December 2017)
The court dismissed an application for interim injunction to stop sale of charged property, holding the appellant should first have sought relief below and had not shown a valid basis for appeal.
Phekani v NBS Bank Limited (MSCA Civil Appeal 66 of 2017) [2017] MWSC 9 (20 December 2017)
The application for interim injunction was dismissed because the Appellant failed to first apply for relief in the court below as required by procedural rules, failed to seek and obtain leave to appeal, and did not demonstrate serious triable issues or prospects of success on appeal. The interests of justice did not favor granting an injunction to restrain enforcement of the consent order.
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Kwandekha v Baraka (Land Cause 72 of 2016) [2017] MWHC 121 (22 May 2017)
The High Court of Malawi vacated an interim injunction over disputed land, finding the plaintiff disclosed a triable issue but the balance of convenience favoured the defendant.
S v Lilongwe Water Board and Others ; Ex Parte: Malawi Law Society (Judicial Review 16 of 2017) [2017] MWHC 135 (21 April 2017)
The High Court of Malawi granted leave for judicial review over the Salima-Lilongwe water project, but refused an ex parte injunction and ordered disclosure of project documents.
Chaponda & Anor.|Ex Parte: Kajoloweka & Ors. (MSCA Civil Appeal 5 of 2017) [2017] MWSC 2 (8 February 2017)
The interim injunction against Dr. Chaponda was irregularly granted as there was no proper application or supporting evidence, and it was issued ex parte without notice or hearing. The court below erred in granting a full injunction in these circumstances. The interim injunction is vacated pending the full court's consideration of the appeal.
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Maranatha International Academy Ltd v Petroda (Malawi) Ltd (Civil Cause 466 of 2013) [2013] MWHC 1 (26 November 2013)
The High Court of Malawi refused an interim injunction sought by a tenant to stop a landlord’s distress for rent and eviction, finding damages adequate and no serious triable issue.
Chimtengo v Memayako & Ors. (None) [2013] MWHC 485 (14 November 2013)
The High Court of Malawi declined an interim injunction in a chieftaincy dispute, holding that the plaintiff had not shown a strong arguable claim and the balance of convenience favored refusal.
Harz Co Ltd v National Seed Cotton Milling Ltd (Civil Cause 2229 of 2001) [2002] MWHC 13 (23 April 2002)
The High Court of Malawi refused to vacate an interim injunction, finding no suppression of material facts and no proved breach of the sub-lease.
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