Malawi Case Law

Chaponda v Blantyre Print and Packing Limited and 6 Others

Chaponda v Blantyre Print and Packing Limited and 6 Others (Civil Cause 55 of 2017) [2022] MWHC 30 (28 February 2022)

Court

High Court of Malawi

Case number

Civil Cause 55 of 2017

The court found that the Defendants published false and defamatory statements about the Claimant with malice, particularly in articles labeling him as 'defiant', 'epitome of decadence', and equating him to Satan. The court held that the defences of fair comment and qualified privilege were not available due to the presence of malice and lack of honest opinion. The publications went beyond responsible journalism and violated the Claimant's right to reputation. The Claimant was defamed and entitled to damages and an apology.

Source excerpt

• Defamation
• Libel
• Freedom of expression
• Qualified privilege
• Fair comment
• Damages

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Bello v National Publications Ltd

Bello v National Publications Ltd (Civil Cause 420 of 2011) [2017] MWHCCiv 2 (13 February 2017)

Court

High Court of Malawi Civil Division

Case number

Civil Cause 420 of 2011

The High Court held that a newspaper report of Parliamentary proceedings was not absolutely privileged, but was protected by qualified privilege, so the defamation claim failed.

• Defamation
• Qualified privilege
• Absolute privilege
• Freedom of the press
• Qualified-privilege
• Absolute-privilege

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Eladi v Blantyre Newspapers Limited

Eladi v Blantyre Newspapers Limited (Civil Cause 448 of 2008) [2016] MWHC 721 (1 November 2016)

Court

High Court of Malawi

Case number

Civil Cause 448 of 2008

The High Court of Malawi dismissed a defamation claim after finding the plaintiff failed to prove the published photograph was not of Mr Kadango, as alleged.

• Defamation
• Qualified privilege
• Misidentification in publication
• Media-law
• Qualified-privilege
• Misidentification

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Migochi v Registered Trustees of CCAP

Migochi v Registered Trustees of CCAP (Civil Cause 1776 of 2001) [2008] MWHC 38 (24 January 2008)

Court

High Court of Malawi

Case number

Civil Cause 1776 of 2001

The High Court of Malawi dismissed a defamation claim over a school headmaster’s communication about a pupil’s alleged pregnancy, holding the publication was protected by qualified privilege.

• Defamation
• Qualified privilege
• School discipline
• Minor's rights
• Qualified-privilege
• School-discipline

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Dick Chagwamnjira ta Changwamnjirra and Co v Nation Publication & Anor.

Dick Chagwamnjira ta Changwamnjirra and Co v Nation Publication & Anor. (Civil Cause 2438 of 2000) [2001] MWHC 37 (15 July 2001)

Court

High Court of Malawi

Case number

Civil Cause 2438 of 2000

The High Court rejected a plaintiff’s oral Order 14A application in a libel case, holding that factual disputes meant the claim had to proceed to trial.

• Libel
• Qualified privilege
• Order 14a application
• Pleadings
• Summary disposal
• Defamation

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Chikoko Trading Ltd v Farming & Trading Co Ltd

Chikoko Trading Ltd v Farming & Trading Co Ltd (Civil Cause 3178 of 2000) [2001] MWHC 38 (15 July 2001)

Court

High Court of Malawi

Case number

Civil Cause 3178 of 2000

The High Court of Malawi refused to strike out a defamation defence under Order 14A, finding factual disputes and holding the plaintiff should prove his case at trial.

• Libel
• Qualified privilege
• Order 14a applications
• Pleadings
• Summary disposal
• Defamation

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Ng'oma v People's Trading Centre Ltd

Ng'oma v People's Trading Centre Ltd (Civil Cause 956 of 1994) [1996] MWHCCiv 20 (27 August 1996)

Court

High Court of Malawi Civil Division

Case number

Civil Cause 956 of 1994

The letter published by PTC was defamatory of Mrs Ng'oma, was not protected by qualified privilege as MBC had no corresponding interest in the debt, and although an apology was made to her superior, it was not personally offered to Mrs Ng'oma; damages were awarded accordingly.

Source excerpt

• Libel
• Qualified privilege
• Apology
• Damages

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Kalua v United Printers Ltd

Kalua v United Printers Ltd (Civil Cause 520 of 1994) [1995] MWHCCiv 17 (5 October 1995)

Court

High Court of Malawi Civil Division

Case number

Civil Cause 520 of 1994

The High Court of Malawi upheld setting aside a default judgment in a defamation case, finding the defendant’s affidavit raised triable issues and qualified privilege.

• Default judgment
• Setting aside judgment
• Qualified privilege
• Exemplary damages
• Default-judgment
• Setting-aside-judgment

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Msiska v Malawi Iron & Steel Corporation Ltd

Msiska v Malawi Iron & Steel Corporation Ltd (Civil Cause 193 of 1987) [1990] MWHC 16 (16 March 1990)

Court

High Court of Malawi

Case number

Civil Cause 193 of 1987

The High Court of Malawi held that the defendant wrongly withheld K400 from the plaintiff, dismissed the wheelbarrow counterclaim, and rejected the defamation claim.

• Wrongful withholding of money
• Counterclaim
• Defective pleading
• Qualified privilege
• Defamatory meaning
• Defamation

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Malawi Railways Limited v Malange & Another

Malawi Railways Limited v Malange & Another (Civil Cause 196 of 1985) [1986] MWHC 15 (27 May 1986)

Court

High Court of Malawi

Case number

Civil Cause 196 of 1985

The High Court of Malawi held that a letter accusing the second plaintiff of corruption and bribery was defamatory. Qualified privilege, justification, and fair comment failed.

• Libel
• Qualified privilege
• Justification
• Fair comment
• Damages
• Defamation

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