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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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Criminal-law

Republic v Lin Yunhua

The High Court dismissed the State’s ex parte bid to withdraw a corruption trial, holding that the Criminal Procedure and Evidence Code withdrawal provision did not apply to High Court cases.

  • Corrupt-practices-with-public-officers
  • Abuse-of-office
  • Abuse-of-public-office
  • Withdrawal-of-criminal-proceedings
  • Discontinuance
  • Jurisdiction-of-the-high-court
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Administrative-law

The State (on the Application of Chikumbutso Mkwamba) v. Disciplinary Committee of the Malawi Law Society

The High Court held that the Malawi Law Society Disciplinary Committee’s rules were ultra vires and that it lost jurisdiction after the statutory time limit expired.

  • Jurisdiction
  • Statutory-interpretation
  • Subsidiary-legislation
  • Gazetting-of-rules
  • Parliamentary-laying-of-subsidiary-legislation
  • Disciplinary-proceedings-against-legal-practitioners
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Election-law

Roza Madalo Fatch v Malawi Electoral Commission (MEC)

The High Court dismissed an electoral petition seeking approval of candidature under the maiden surname “Fatch”, holding that voter-registration details had to remain as recorded.

  • Voter-registration-details
  • Change-of-name
  • Nomination-for-parliamentary-elections
  • Interpretation-of-section-19-of-the-presidential,-parliamentary-and-local-government-elections-act
  • Costs
  • Voter-registration
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Constitutional-law [2025] MWHCFin 2

The State(On The Application Of The Director Of The Public Prosecutions) vs The Chief Justice Of The High Court Of Malawi

The State(On The Application Of The Director Of The Public Prosecutions) vs The Chief Justice Of The High Court Of Malawi (Judicial Review Cause 4 of 2025) [2025] MWHCFin 2 (2 September 2025)

The High Court refused permission for judicial review of the Chief Justice’s certification of a criminal matter as constitutional, holding the certification was judicial and final.

  • Certification-of-constitutional-matters
  • Judicial-review
  • High-court-procedure
  • Statutory-interpretation
  • Constitutional-certification
  • Criminal-procedure
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Constitutional-law [2025] MWHCFin 3

The State vs The Acting Director of the Anti-Corruption Bureau

The State vs The Acting Director of the Anti-Corruption Bureau (Judicial Review Cause 5 of 2025) [2025] MWHCFin 3 (31 August 2025)

High Court ruling on a judicial review application challenging an ACB notice to Vice President Dr Michael B. Usi. Permission was granted on expression issues and the notice was partly stayed.

  • Freedom-of-expression
  • Judicial-review
  • Statutory-interpretation
  • Corruption-investigation
  • Campaign-rights
  • Corruption-investigations
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Constitutional-law [2025] MWHCCiv 5

S (on the application of Malawi Law Society) v Registrar General (as Registrar of Political Parties)

S (on the application of Malawi Law Society) v Registrar General (as Registrar of Political Parties) (Judicial Review Case 14 of 2022) [2025] MWHCCiv 5 (12 March 2025)

The High Court of Malawi held that the Registrar had to give a written response to the Malawi Law Society’s request for political party funding information.

  • Political-party-funding
  • Public-interest-litigation
  • Statutory-interpretation
  • Locus-standi
  • Procedural-fairness
  • Access-to-information
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Civil-procedure

Henry Yotamu Munthali v Mzuzu City Council

The High Court held that Mzuzu City Council was not exempt from enforcement under Order 34 rule 4 CPR 2017 and dismissed its application to stay the third-party debt order.

  • Third-party-debt-order
  • Stay-of-enforcement
  • Exemption-from-enforcement
  • Statutory-interpretation
  • Government/public-officer-proceedings
  • Costs
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Employment-law [2023] MWHC 78

Kalumo and three others v Standard Bank PLC (431 of 2017, 430 of 2017, 432 of 2017 and 561 of 2017)

Kalumo and three others v Standard Bank PLC (431 of 2017, 430 of 2017, 432 of 2017 and 561 of 2017) [2023] MWHC 78 (12 December 2023)

Consolidated unfair dismissal claims against Standard Bank PLC. The court assessed compensation and severance pay, awarded enhanced sums, and boosted them by 50% for devaluation.

  • Unfair-dismissal
  • Compensation-assessment
  • Severance-pay
  • Statutory-interpretation
  • Quantum-of-damages
  • Employment-law
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Land-law

Verijina Lobi v. Village Headman Kagwera

The High Court held that this customary land dispute should have been started in the statutory land tribunal system and dismissed the action as filed in the wrong forum.

  • Interlocutory-injunction
  • Jurisdiction
  • Customary-land-tribunals
  • Statutory-interpretation
  • Access-to-justice
  • Stare-decisis
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Civil-procedure [2023] MWSC 26

Barrow Investment Limited v MPICO Malls Limited (MSCA Civil Appeal 4 of 2017)

Barrow Investment Limited v MPICO Malls Limited (MSCA Civil Appeal 4 of 2017) [2023] MWSC 26 (14 February 2023)

The Supreme Court of Appeal held that collection charges under Table 6 are solicitor-and-own-client costs, not recoverable from the losing party after proceedings begin.

  • Taxation-of-costs
  • Collection-charges
  • Pleadings
  • Statutory-interpretation
  • 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.