Malawi Case Law

African Minerals and Energy Holdings Limited v Tiyuni Holdings Limited

African Minerals and Energy Holdings Limited v Tiyuni Holdings Limited (Commercial Division Case 42 of 2025) [2025] MWHC 27 (21 November 2025)

Court

High Court of Malawi

Case number

Commercial Division Case 42 of 2025

The Claimant demonstrated a serious question to be tried regarding the Defendant's breach of contract and unlawful interference with mining rights. Damages may not be an adequate remedy due to difficulty in quantification and risk of irreparable harm. The procedural irregularity of late filing was minor and did not prejudice the Defendant, and the alleged suppression of material facts was not material to the grant of the injunction. The balance of convenience and justice favoured continuation of the injunction.

Source excerpt

• Interlocutory injunctions
• Mining rights
• Contractual breach
• Equitable remedies

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Agrofund International Limited and 3 Others v FDH Bank PLC

Agrofund International Limited and 3 Others v FDH Bank PLC (Commercial Cause 191 of 2023) [2024] MWHC 47 (3 September 2024)

Court

High Court of Malawi

Case number

Commercial Cause 191 of 2023

There are serious issues to be tried regarding the computation of the outstanding loan, the inclusion of unutilized guarantees and penalty interest, and the adequacy of security registration for subsequent loans. Damages would not be an adequate remedy due to the unique nature of the property. The Defendant's failure to provide a detailed loan statement and to perfect security raises substantial questions. Therefore, the interlocutory injunction should be maintained and summary disposal is inappropriate.

Source excerpt

• Interlocutory injunctions
• Bank-customer relationship
• Loan security
• Mortgage and charges
• Summary disposal
• Registered land act compliance

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Financial Intelligence Authority v Ali and Another

Financial Intelligence Authority v Ali and Another (Civil Cause 2 of 2024) [2024] MWHCFin 2 (8 April 2024)

Court

High Court of Malawi Financial Crimes Division

Case number

Civil Cause 2 of 2024

The Financial Crimes Division is the only proper forum to determine matters relating to preservation orders under the Financial Crimes Act. The preservation order against the 1st Defendant's account remains valid and enforceable. The 1st Defendant's conduct in seeking relief from the Commercial Division after refusal in the Financial Crimes Division constitutes forum shopping and abuse of process. An interlocutory injunction is necessary to preserve the status quo and prevent dissipation of the funds until the substantive matter is resolved.

Source excerpt

• Preservation orders
• Jurisdiction of divisions of the high court
• Forum shopping
• Interlocutory injunctions
• Asset freezing
• Abuse of court process

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Kachembere v Mulasa (Land Cause 137 of 2023)

Kachembere v Mulasa (Land Cause 137 of 2023) [2024] MWHC 32 (22 January 2024)

Court

High Court of Malawi

Case number

Land Cause 137 of 2023

The High Court set aside a without-notice interlocutory injunction after the claimant failed to file the required with-notice application and missed the hearing.

• Interlocutory injunctions
• Without notice applications
• Compliance with court orders
• Interlocutory-injunctions
• Without-notice-applications
• Court-order-compliance

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Jumbe v Kasema and 1 other (MSCA Miscellaneous Civil Application 46 of 2023)

Jumbe v Kasema and 1 other (MSCA Miscellaneous Civil Application 46 of 2023) [2024] MWSC 2 (11 January 2024)

Court

Malawi Supreme Court of Appeal

Case number

MSCA Miscellaneous Civil Application 46 of 2023

The Supreme Court of Appeal dismissed an interlocutory injunction application, holding it was improperly before the court without a pending appeal and was barred by statutory notice rules.

• Jurisdiction of appellate courts
• Interlocutory injunctions
• Distress for rent
• Suits against government
• Adequacy of damages
• Clean hands doctrine

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Jeffrey, Nankhumwa & Chazama v Mutharika, Mwale & Democratic Progressive Party (MSCA Misc. Application 65 of 2023)

Jeffrey, Nankhumwa & Chazama v Mutharika, Mwale & Democratic Progressive Party (MSCA Misc. Application 65 of 2023) [2024] MWSC 1 (3 January 2024)

Court

Malawi Supreme Court of Appeal

Case number

MSCA Misc. Application 65 of 2023

The application was procedurally improper as it was brought under the wrong legal provisions, with no statutory basis for a fresh application for interlocutory injunction before the Supreme Court of Appeal after refusal by the High Court. Further, the Applicants failed to exhaust internal party dispute resolution mechanisms as required by the party constitution and established legal principles. The court therefore lacked jurisdiction and the matter was premature for litigation.

Source excerpt

• Jurisdiction
• Interlocutory injunctions
• Political party disputes
• Exhaustion of internal remedies

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Anglican Diocese of Upper Shire and 4 Others v Church of Province of Central Africa and Another

Anglican Diocese of Upper Shire and 4 Others v Church of Province of Central Africa and Another (Civil Cause 328 of 2022) [2023] MWHC 107 (31 August 2023)

Court

High Court of Malawi

Case number

Civil Cause 328 of 2022

The High Court dismissed applications for an interlocutory injunction and declaratory orders in an Anglican church dispute, finding the proceedings were not properly commenced.

• Interlocutory injunctions
• Declaratory orders
• Locus standi
• Commencement of proceedings
• Service of process
• Legal capacity to sue

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Chokotho v FDH Bank PLC

Chokotho v FDH Bank PLC (Commercial Cause 14 of 2023) [2023] MWHC 108 (8 August 2023)

Court

High Court of Malawi

Case number

Commercial Cause 14 of 2023

The Claimant's action fails because the property was already sold and transferred by private treaty before the injunction was granted; the Defendant was not required to sell at or above the reserve price for a private treaty sale; the only remedy available after exercise of the power of sale is damages, which the Claimant did not seek; and no arguable case or triable issue was disclosed.

Source excerpt

• Mortgage enforcement
• Power of sale
• Interlocutory injunctions
• Private treaty sale
• Reserve price
• Damages

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Dalitso General Suppliers Limited v National Bank of Malawi (MSCA Misc. Application 19 of 2023)

Dalitso General Suppliers Limited v National Bank of Malawi (MSCA Misc. Application 19 of 2023) [2023] MWSC 42 (7 August 2023)

Court

Malawi Supreme Court of Appeal

Case number

MSCA Misc. Application 19 of 2023

The Supreme Court of Appeal dismissed a stay application, holding that the challenged High Court order vacating an injunction was inchoate and not appealable.

• Stay of execution
• Interlocutory injunctions
• Appeals
• Loan facilities
• Security for debt
• Stay-of-execution

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Sichone v Chilango and Another (Land Cause 44 of 2022)

Sichone v Chilango and Another (Land Cause 44 of 2022) [2023] MWHCCiv 35 (26 June 2023)

Court

High Court of Malawi Civil Division

Case number

Land Cause 44 of 2022

The High Court dismissed a land claimant’s injunction application and struck out the suit, holding that customary land disputes fall within appellate, not original, jurisdiction.

• Customary land disputes
• Jurisdiction
• Interlocutory injunctions
• Appellate procedure
• Costs
• Enforcement of traditional authority decisions

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