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Malawi decisions
Decisions matching the current search
Mumba v Opportunity International Bank of Malawi (Civil Cause 49 of 2016) [2023] MWHCCiv 9 (15 December 2023)
The Defendant failed to provide evidence of the Claimant's impecuniosity or risk that the appeal would be rendered nugatory; the issue on appeal is only the quantum of damages, not liability, so a stay is not warranted.
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Limbarda t/a Moon Puffs v Libertas General Insurance Company Limited (Commercial Cause 226 of 2020) [2023] MWHC 97 (8 December 2023)
The High Court of Malawi entered summary judgment for the claimant in an insurance dispute, holding that the defendant’s fraud defence lacked the particularity required by law.
Waterfalls International Holdings Limited v Chikola t/a Chikola Investments (Commercial Cause 144 of 2023) [2023] MWHC 49 (5 December 2023)
The High Court of Malawi dismissed the defendant’s application for summary judgment on a counterclaim for payment for fertiliser, finding triable issues over title and the alleged theft.
Safeguard Security Services Limited v Electricity Supply Corporation of Malawi Limited (Commercial Cause 203 of 2022) [2023] MWHC 96 (23 November 2023)
The application to set aside the stay of execution fails because the judgment remains inchoate pending assessment of interest, and enforcement should only occur after the judgment is complete.
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Makanjira & Others v Mota Engil Engenharia E Construca O Africa & Attorney General (Civil Cause 311 of 2020) [2022] MWHC 222 (18 July 2022)
There are triable issues of fact and law regarding the existence and validity of the contract and the applicability of statutory provisions on land acquisition and compensation; therefore, summary judgment is denied.
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Malawi Housing Corporation v Nyirenda (Civil Appeal 26 of 2021) [2022] MWSC 8 (14 June 2022)
The Supreme Court of Appeal refused to enlarge time to appeal, holding that internal bureaucracy and absence of counsel were not good and substantial reasons for delay.
Chikhosi ( as a beneficiary of the estate of Linly Mpate, deceased) v Mfulano ( on her own behalf and on behalf of the occupants of the house on plot number 274/4, Mapale Township, Zomba) (Matrimonial Civil Case 415 of 2019) [2022] MWHC 172 (10 June 2022)
The High Court granted summary judgment to the claimant, ordering possession of a house in Zomba and assessed rentals, finding the defendant had no arguable defence.
Chikhosi ( as a beneficiary of the estate of Linly Mpate, deceased) v Mfulano ( on her own behalf and on behalf of the occupants of the house on plot number 274/4, Mapale Township, Zomba) (Matrimonial Civil Case 415 of 2019) [2022] MWHC 171 (10 June 2022)
The High Court granted summary judgment to the claimant, ordering possession of a house in Zomba and rental assessment, finding no arguable defence.
Attorney General v Mukuru Money Transfer (Civil Cause 204 of 2021) [2022] MWHCCiv 26 (23 March 2022)
The High Court of Malawi dismissed an application for summary judgment, finding a real dispute over whether the claimant was unfairly dismissed from employment.
Chiviya v AG & Anor. (Civil Cause 204 of 2021) [2022] MWHCCiv 24 (23 March 2022)
The High Court of Malawi dismissed a claimant’s request for summary judgment against Mukuru Money Transfer, finding a real dispute over the fairness of her dismissal.
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