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Malawi decisions
Decisions matching the current search
The High Court dismissed an election petition over Chikwawa North, holding the petitioner did not prove irregularities that materially affected the result.
Ajibu & Anor. (Suing on behalf of the estate of Ajibukafodya, deceased) v William & Anor. (Personal Injury Case 972 of 2019) [2022] MWHC 167 (16 September 2022)
The High Court held that the claim against the insurer was time-barred under section 148 of the Road Traffic Act because joinder occurred after the two-year limit.
Nyirenda v Sichali (Civil Appeal 5 of 2021) [2022] MWHCCiv 68 (6 May 2022)
The High Court dismissed an application to stay execution pending appeal over matrimonial property, finding no special circumstances or prospects of success.
Leornard Yankho Phiri & Others v Lilongwe City Council, Lilongwe Water Board & Malawi Housing Corporation (Civil Cause 682 of 2017) [2021] MWHC 130 (5 July 2021)
The High Court struck out unnamed additional claimants from assessment of damages, holding that parties must be individually named in the summons.
Namacha v Electoral Commission (Election Cause 12 of 2009) [2020] MWHC 200 (18 February 2020)
The court dismissed a preliminary objection to the assessment of costs, holding that the withdrawal order was with costs and that costs could proceed in favour of the 2nd respondent.
Mhango v Chabwera (Land Case 13 of 2018) [2018] MWHC 867 (28 September 2018)
The High Court of Malawi continued an interlocutory injunction in a land dispute and refused joinder of Malawi Housing Corporation as a party.
Friday Wailesi v Prescious Billy & Real Insurance Company Limited (Civil Cause 160 of 2015) [2017] MWHC 866 (16 November 2017)
The 2nd defendant was improperly joined as a party because the insurance policy did not cover passengers and the law does not make insurance of passengers generally compulsory unless carried for hire or reward.
Source excerpt
Kuwali v Daniel (Civil Cause 202 of 2012) [2017] MWHC 883 (18 May 2017)
The High Court set aside a default judgment in a land dispute, corrected the defendant’s name, and allowed an interested landowner to join the case.
Issa & Ors. v Sabola (Civil Cause 87 of 2005) [2017] MWHC 43 (17 February 2017)
The High Court of Malawi allowed an appeal, holding that a deceased defendant’s estate had not been properly represented and that the late attempt to set aside default judgment was an abuse of process.
Malawi Electoral Commission v Ngwale (Miscellaneous Election Petition 8 of 2014) [2014] MWHC 511 (24 March 2014)
The High Court granted leave to appeal in an electoral petition, while criticizing counsel’s postscript in a draft order and stressing respect for court orders.
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