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Malawi Case Law

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Criminal law [2018] MWHC 841

Kauye v R

Kauye v R (Criminal Appeal 133 of 2017) [2018] MWHC 841 (11 July 2018)

On appeal, the High Court found a two-year sentence for theft by trick excessive and reduced it to time served, leading to the appellant’s immediate release.

  • Sentencing
  • Theft by trick
  • Mitigation
  • Plea of guilty
  • Criminal-sentencing
  • Guilty-plea
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Civil procedure [2007] MWHC 128

Lexon v Heneriques (297 of 2002)

Lexon v Heneriques (297 of 2002) [2007] MWHC 128 (30 December 2007)

The High Court of Malawi stayed civil proceedings pending conclusion of related criminal proceedings, applying the Smith v Selwyn rule.

  • Stay of proceedings
  • Smith vs selwyn rule
  • Theft by trick
  • Breach of contract
  • Stay-of-proceedings
  • Civil-procedure
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Civil procedure [2007] MWHC 129

Lexon v Heneriques

Lexon v Heneriques (Civil Cause 297 of 2002) [2007] MWHC 129 (30 December 2007)

The court is obliged to stay civil proceedings until the conclusion of criminal proceedings where the plaintiff has not provided reasons for pursuing both actions concurrently.

  • Stay of proceedings
  • Breach of contract
  • Theft by trick
  • Concurrent civil and criminal proceedings
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Criminal law [2004] MWHC 62

Chimwemwe Msandukenji v R

Chimwemwe Msandukenji v R (Criminal Appeal 40 of 2004) [2004] MWHC 62 (5 August 2004)

The High Court of Malawi dismissed a criminal appeal, upholding a guilty plea conviction for theft by trick and finding the 2-year sentence not excessive.

  • Theft by trick
  • Plea of guilty
  • Appeal against conviction
  • Appeal against sentence
  • Theft-by-trick
  • Guilty-plea
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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.