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Malawi Case Law

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Torts

Lawrence Siyani v Kalibu Private Schools Limited

The High Court of Malawi found the claimant’s arrest, prosecution and detention were instigated by the defendant, awarding ordinary damages for malicious prosecution and false imprisonment.

  • Malicious-prosecution
  • False-imprisonment
  • Defamation
  • Special-damages
  • Exemplary-damages
  • Costs
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Tort [2024] MWHC 22

Banda v Malawi Post Corporation (Personal Injury Cause 138 of 2020)

Banda v Malawi Post Corporation (Personal Injury Cause 138 of 2020) [2024] MWHC 22 (19 March 2024)

The High Court of Malawi dismissed claims for false imprisonment, defamation, malicious prosecution, and conversion of money, but upheld conversion of listed office items.

  • Conversion
  • False-imprisonment
  • Defamation
  • Malicious-prosecution
  • Loss-of-property
  • Damages
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Tort-law [2022] MWHCCiv 12

Mwanyali v National Bank of Malawi PLC

Mwanyali v National Bank of Malawi PLC (Civil Cause 385 of 2020) [2022] MWHCCiv 12 (16 September 2022)

The High Court of Malawi dismissed a claim for false imprisonment, malicious prosecution, and defamation, finding the bank only reported facts and did not instigate the arrest.

  • False-imprisonment
  • Malicious-prosecution
  • Defamation
  • Damages
  • Civil-torts
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Tort-law [2022] MWHC 78

Majeweta and 8 Others v Attorney General

Majeweta and 8 Others v Attorney General (Civil Cause 142 of 2020) [2022] MWHC 78 (20 May 2022)

Assessment of damages after default judgment for unlawful arrest and related torts. The High Court awarded all nine claimants damages and costs.

  • False-imprisonment
  • Malicious-prosecution
  • Defamation
  • Personal-injury
  • Damages
  • Vicarious-liability
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Tort-law [2022] MWHC 202

Kamwala v Attorney General (Malawi Police Service)

Kamwala v Attorney General (Malawi Police Service) (Civil Cause 919 of 2018) [2022] MWHC 202 (16 March 2022)

The High Court of Malawi assessed damages after judgment and awarded MK8 million for malicious prosecution and MK6 million in exemplary damages, with costs to the claimant.

  • Malicious-prosecution
  • Exemplary-damages
  • Assessment-of-damages
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Tort-law [2022] MWHC 219

Pahuwa v Attorney General

Pahuwa v Attorney General (Civil Cause 174 of 2019) [2022] MWHC 219 (31 January 2022)

The High Court of Malawi assessed damages after judgment for the claimant on claims including false imprisonment, defamation, malicious prosecution, and assault and battery.

  • False-imprisonment
  • Defamation
  • Malicious-prosecution
  • Assault-and-battery
  • Damages-assessment
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Tort-law [2022] MWHC 13

Kumpukwe v Attorney General

Kumpukwe v Attorney General (Civil Cause 210 of 2018) [2022] MWHC 13 (25 January 2022)

The High Court of Malawi found the claimants were unlawfully arrested without reasonable cause or warrants, awarding claims for false imprisonment, defamation, and loss of business.

  • False-imprisonment
  • Malicious-prosecution
  • Defamation
  • Loss-of-business
  • Damages
  • Civil-procedure
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Tort-law [2022] MWHCCiv 53

Kumpukwe v Attorney General

Kumpukwe v Attorney General (Civil Cause 210 of 2018) [2022] MWHCCiv 53 (25 January 2022)

The High Court of Malawi held that the claimants were falsely imprisoned, dismissed malicious prosecution, found defamation, and allowed loss-of-business claims.

  • False-imprisonment
  • Malicious-prosecution
  • Defamation
  • Loss-of-business
  • Damages
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Tort-law [2021] MWHC 221

Judith Sikiya & Others v Malawi Shipping Company (309 of 2015; 310 of 2015; 313 of 2015; Civil Cause 312 of 2015)

Judith Sikiya & Others v Malawi Shipping Company (309 of 2015; 310 of 2015; 313 of 2015; Civil Cause 312 of 2015) [2021] MWHC 221 (23 December 2021)

The High Court of Malawi held that two claimants were falsely imprisoned and maliciously prosecuted after being instigated into arrest without reasonable cause.

  • False-imprisonment
  • Malicious-prosecution
  • Defamation
  • Special-damages
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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.