Malawi Case Law

Namasasu v Msungama and Another

Namasasu v Msungama and Another (Civil Appeal 8 of 2016) [2017] MWSC 23 (6 March 2017)

Court

Malawi Supreme Court of Appeal

Case number

Civil Appeal 8 of 2016

The applicant failed to establish a good arguable claim for an interlocutory injunction as the dispute is a private law employment matter, not suitable for judicial review, and damages would be an adequate remedy. The disciplinary process was not vitiated by bias due to the doctrine of necessity.

Source excerpt

• Interlocutory injunctions
• Wrongful dismissal
• Judicial review
• Doctrine of necessity
• Employment contracts

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Banda v SDV Malawi Limited

Banda v SDV Malawi Limited (Civil Cause 3180 of 2004) [2005] MWHC 1 (24 February 2005)

Court

High Court of Malawi

Case number

Civil Cause 3180 of 2004

The High Court of Malawi dismissed an employment claim over an alleged job-title mismatch, holding the plaintiff failed to prove misrepresentation and had used the wrong procedure.

• Breach of employment contract
• Misrepresentation
• Wrongful dismissal
• Jurisdiction of originating summons
• Employment-law
• Contract-law

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Victor Likaku v New Building Society (MSCA Civil Appeal 21 of 2001)

Victor Likaku v New Building Society (MSCA Civil Appeal 21 of 2001) [2005] MWSC 1 (15 February 2005)

Court

Malawi Supreme Court of Appeal

Case number

MSCA Civil Appeal 21 of 2001

The Malawi Supreme Court of Appeal held that damages had already been settled by correspondence and payment, so no further assessment was required.

• Settlement of damages
• Compromise agreements
• Wrongful dismissal
• Interest on judgment debts
• Legal costs
• Compromise-agreements

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Mihowe v Malawi Housing Corporation (3687 of 2000)

Mihowe v Malawi Housing Corporation (3687 of 2000) [2004] MWHC 52 (30 August 2004)

Court

High Court of Malawi

Case number

3687 of 2000

The defendant failed to provide a substantial and valid reason for the plaintiff's dismissal, did not act reasonably or in accordance with the substantial merits of the case, and breached the plaintiff's constitutional right to fair labour practices and natural justice. The dismissal was based on unfounded allegations and mere suspicion, and the process was tainted by bias and lack of independence in decision-making.

Source excerpt

• Wrongful dismissal
• Unfair labour practice
• Natural justice
• Damages

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Tindo & Anor. v Transglobe Produce Export (1479 of 1999)

Tindo & Anor. v Transglobe Produce Export (1479 of 1999) [2004] MWHC 46 (17 August 2004)

Court

High Court of Malawi

Case number

1479 of 1999

High Court of Malawi held that two employees dismissed after later exoneration were entitled to back wages to the date of dismissal and one month’s notice pay.

• Wrongful dismissal
• Withheld wages
• Reinstatement after acquittal
• Notice pay
• Wrongful-dismissal
• Back-wages

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Mkandawire v University of Malawi

Mkandawire v University of Malawi (Civil Cause 569 of 2000) [2004] MWHC 22 (30 April 2004)

Court

High Court of Malawi

Case number

Civil Cause 569 of 2000

The plaintiff, as a government employee, is not subject to the Employment Act; he is entitled to salary from the date of wrongful termination up to the date of eligibility for early retirement, and pension/gratuity calculated on the basis of terminal salary, but not to reinstatement, rental costs, unproven transport costs, conspiracy damages, professional allowance, or sentimental damages.

Source excerpt

• Wrongful dismissal
• Damages assessment
• Employment contract
• Pension and gratuity
• Notice pay

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Manyusa v Police Service Commission & Anor.

Manyusa v Police Service Commission & Anor. (Civil Cause 101 of 2001) [2003] MWHC 85 (30 November 2003)

Court

High Court of Malawi

Case number

Civil Cause 101 of 2001

The plaintiff is entitled to salary for the remaining period of service, gratuity, pension, and leave grant due to wrongful premature retirement, as established in Chawani v Attorney General.

Source excerpt

• Wrongful dismissal
• Premature retirement
• Assessment of damages

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Commercial Bank of Malawi v Mhango (MSCA Civil Appeal 8 of 2001)

Commercial Bank of Malawi v Mhango (MSCA Civil Appeal 8 of 2001) [2002] MWSC 8 (17 December 2002)

Court

Malawi Supreme Court of Appeal

Case number

MSCA Civil Appeal 8 of 2001

The Malawi Supreme Court of Appeal allowed an employer’s appeal, upheld summary dismissal for misconduct and negligence, dismissed the cross-appeal, and reversed the trial findings.

• Wrongful dismissal
• Negligence
• Defamation
• Burden of proof
• Employment termination
• Banking procedures

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Harawa v SUCOMA

Harawa v SUCOMA (Civil Cause 1418 of 1997) [2002] MWHC 15 (1 May 2002)

Court

High Court of Malawi

Case number

Civil Cause 1418 of 1997

The High Court of Malawi held that Harawa’s employment was lawfully terminated with notice and terminal benefits, and dismissed his wrongful dismissal claim with costs.

• Wrongful dismissal
• Unlawful termination
• Employment benefits
• Contract of employment
• Employment-law
• Wrongful-dismissal

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Kombe v Attorney General

Kombe v Attorney General (Civil Cause 3136 of 2000) [2001] MWHC 83 (23 November 2001)

Court

High Court of Malawi

Case number

Civil Cause 3136 of 2000

The plaintiff is entitled to lost salary, leave grants, and death gratuity for the period of unlawful dismissal, but not to housing allowance, and is further entitled to interest at 25% per annum from May 21, 1994, to the date of full payment, plus costs.

Source excerpt

• Wrongful dismissal
• Assessment of damages
• Death benefits
• Interest on judgment debts

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