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Malawi Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

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Civil-procedure [2023] MWHC 56

Southern Bottlers LTD v Nissan Malawi/Imperial Motors LTD

Southern Bottlers LTD v Nissan Malawi/Imperial Motors LTD (Commercial Cause 157 of 2022) [2023] MWHC 56 (13 July 2023)

The High Court of Malawi struck out a commercial claim for want of prosecution after 12 months of inactivity, holding the delay inexcusable and prejudicial.

  • Striking-out-for-want-of-prosecution
  • Specific-performance
  • Contract-enforcement
  • Delay-in-prosecution
  • Want-of-prosecution
  • Strike-out
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Contract-law [2023] MWHC 101

Sangala v Sabadia (Land Cause 65 of 2018)

Sangala v Sabadia (Land Cause 65 of 2018) [2023] MWHC 101 (23 June 2023)

On assessment of damages after summary judgment, the High Court awarded the claimant MWK 40 million for plot LK 1173, MWK 10 million general damages, and costs.

  • Breach-of-contract
  • Specific-performance
  • Damages-assessment
  • Land-dispute
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Contract-law [2022] MWSC 27

Nyika Farms Limited v Toyota Malawi Limited (MSCA Civil Appeal 23 of 2016)

Nyika Farms Limited v Toyota Malawi Limited (MSCA Civil Appeal 23 of 2016) [2022] MWSC 27 (30 March 2022)

The Supreme Court of Appeal addressed a disputed motor vehicle sale, conditional contract issues, specific performance, damages, and whether duty-free status affected title.

  • Specific-performance
  • Breach-of-contract
  • Damages
  • Sale-of-goods
  • Misrepresentation
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Contract-law [2022] MWHCCiv 9

Nyirongo v Village headwoman Mangwere and Traditional authority Kulunda

Nyirongo v Village headwoman Mangwere and Traditional authority Kulunda (Civil Cause 24 of 2016) [2022] MWHCCiv 9 (23 February 2022)

The High Court of Malawi refused specific performance of a land sale agreement, finding the land had been sold to a third party. The claimant was ordered to recover his K1,000,000 deposit.

  • Specific-performance
  • Sale-of-land
  • Equitable-remedies
  • Breach-of-contract
  • Land-sale
  • Third-party-rights
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Contract-law [2021] MWHC 235

Mbepula v Attorney General

Mbepula v Attorney General (Civil Cause 8 of 2002) [2021] MWHC 235 (15 March 2021)

The High Court of Malawi held there was no concluded contract to buy a government house at MWK800,000, ordered a re-offer at current value, and upheld rental liability.

  • Sale-of-government-property
  • Home-ownership-scheme
  • Consent-orders
  • Specific-performance
  • Rental-arrears
  • Contract-law
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Civil-procedure [2018] MWHC 873

Maseko & Anor. v Banda & Anor.

Maseko & Anor. v Banda & Anor. (Civil Cause 351 of 2017) [2018] MWHC 873 (10 July 2018)

The High Court set aside an ex parte interlocutory injunction over a disputed house, finding non-disclosure of the lower-court domestic violence proceedings and abuse of process.

  • Interlocutory-injunctions
  • Abuse-of-process
  • Suppression-of-material-facts
  • Specific-performance
  • Breach-of-contract
  • Matrimonial-property
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Civil-procedure [2018] MWHC 739

Maseko & Anor. v Banda & Ors.

Maseko & Anor. v Banda & Ors. (Civil Cause 351 of 2017) [2018] MWHC 739 (10 July 2018)

The High Court set aside an ex parte interlocutory injunction after finding non-disclosure and abuse of process arising from parallel domestic violence proceedings.

  • Interlocutory-injunctions
  • Abuse-of-process
  • Suppression-of-material-facts
  • Specific-performance
  • Breach-of-contract
  • Domestic-violence-proceedings
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Property-law [2017] MWHC 831

Msiska & Anor. v Salimu

Msiska & Anor. v Salimu (Civil Cause 512 of 2013) [2017] MWHC 831 (1 December 2017)

The High Court held that a later buyer was an innocent purchaser for value and entitled to title to the Lilongwe property. The respondent kept only the outstanding balance.

  • Sale-of-land
  • Ownership-transfer
  • Specific-performance
  • Default-judgment
  • Property-title
  • Innocent-purchaser-for-value
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Contract-law [2017] MWHC 888

Mzuzu City Counci v Lastborn Constraction

Mzuzu City Counci v Lastborn Constraction (Civil Cause 61 of 2015) [2017] MWHC 888 (19 June 2017)

The plaintiff’s contract claim over signposts was dismissed for want of prosecution after non-appearance. The defendant’s unopposed counterclaim was granted in full.

  • Breach-of-contract
  • Specific-performance
  • Damages
  • Counterclaim
  • Contract-law
  • Want-of-prosecution
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Civil-procedure [2016] MWHC 568

Lala Ltd v Amin & Ors. (None)

Lala Ltd v Amin & Ors. (None) [2016] MWHC 568 (5 September 2016)

The High Court of Malawi dismissed a plaintiff’s application to stay an order pending a set-aside bid, finding the absence from court was not inadvertent.

  • Stay-of-execution
  • Setting-aside-orders
  • Interlocutory-injunction
  • Specific-performance
  • Breach-of-contract
  • Civil-procedure
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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.