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Malawi Case Law

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Banking and finance [2023] MWHC 45

Fargo Limited v Ecobank Malawi Limited

Fargo Limited v Ecobank Malawi Limited (Commercial Case 101 of 2021) [2023] MWHC 45 (7 December 2023)

Court
High Court of Malawi
Case number
Commercial Case 101 of 2021

The imposition of penalty interest on a secured debt is not commercially justifiable and is unconscionable. The Defendant cannot be compensated through both penalty interest and security. The penalty interest clause is penal and unenforceable; thus, the transaction must be reopened and the outstanding balance recalculated excluding penalty interest.

Source excerpt

  • Penalty interest
  • Unconscionable conduct
  • Loan recovery
  • Secured transactions
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Contract law [2016] MWHC 479

Ecobank Malawi Ltd v Kalamula (None)

Ecobank Malawi Ltd v Kalamula (None) [2016] MWHC 479 (24 February 2016)

Court
High Court of Malawi

The High Court of Malawi dismissed Ecobank’s claim for a former employee’s alleged loan balance, finding no proven agreement for commercial interest and inadequate proof of the vehicle sale.

  • Loan recovery
  • Interest rates on staff loans
  • Sale of security
  • Negligence in sale of collateral
  • Legal costs
  • Loan-recovery
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Civil procedure [2007] MWHC 97

Kamwangala v Stanbic Bank (65 of 2007)

Kamwangala v Stanbic Bank (65 of 2007) [2007] MWHC 97 (30 August 2007)

Court
High Court of Malawi
Case number
65 of 2007

The High Court of Malawi dismissed an injunction application to stop sale of secured property, holding it was technically incompetent because no substantive action supported it.

  • Injunctions
  • Loan recovery
  • Security for loans
  • Loan-recovery
  • Security-for-loans
  • Civil-procedure
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Contract [1992] MWHC 54

Autocraft (Firm) v Tutla

Autocraft (Firm) v Tutla (Civil Cause 527 of 1988) [1992] MWHC 54 (10 April 1992)

Court
High Court of Malawi
Case number
Civil Cause 527 of 1988

The High Court of Malawi entered judgment for the plaintiff for K27,500 after finding the defendant had borrowed K75,000 and left an unpaid balance.

  • Loan recovery
  • Default
  • Cheque dishonour
  • Loan-recovery
  • Dishonoured-cheques
  • Default-judgment
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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.