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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 [2024] MWHCCiv 7

Banda v Blantyre Baptist Holdings Limited (Land Cause 121 of 2016)

Banda v Blantyre Baptist Holdings Limited (Land Cause 121 of 2016) [2024] MWHCCiv 7 (19 September 2024)

The High Court dismissed applications to stay an assessment of damages and to rehear damages, holding that the proper remedy was an appeal, not a rehearing before the same court.

  • Assessment-of-damages
  • Stay-of-execution
  • Rehearing-applications
  • Appeal-procedure
  • Civil-procedure
  • Appeals
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Labour-law [2024] MWIRC 5

Kandulo and Another v Avis Rent A Car Limited (IRC MATTER 89 of 2017)

Kandulo and Another v Avis Rent A Car Limited (IRC MATTER 89 of 2017) [2024] MWIRC 5 (2 January 2024)

The Industrial Relations Court dismissed an application to stay execution of judgment, finding no special circumstances and awarding costs to the applicants.

  • Unfair-dismissal
  • Stay-of-execution
  • Default-judgment
  • Assessment-of-damages
  • Costs
  • Employment-law
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Civil-procedure [2023] MWHC 93

Matindi Private Academy Limited v Maranatha Boys Academy Limited

Matindi Private Academy Limited v Maranatha Boys Academy Limited (Commercial Cause 285 of 2021) [2023] MWHC 93 (3 November 2023)

The High Court of Malawi refused a claimant’s request to stay civil proceedings pending criminal proceedings against a witness, finding no real risk of injustice was shown.

  • Stay-of-proceedings
  • Assessment-of-damages
  • Interaction-between-civil-and-criminal-proceedings
  • Civil-procedure
  • Civil-and-criminal-proceedings
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Tort-law [2023] MWHCCiv 25

John and Another v Attorney General (Personal Injury Cause 228 of 2022)

John and Another v Attorney General (Personal Injury Cause 228 of 2022) [2023] MWHCCiv 25 (4 July 2023)

The High Court of Malawi assessed damages after default judgment, awarding compensation for loss of expectation of life, loss of dependency, special damages, and costs.

  • Assessment-of-damages
  • Loss-of-expectation-of-life
  • Loss-of-dependency
  • Special-damages
  • Costs
  • Personal-injury
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Tort-law [2023] MWHC 105

Chingapa v Wizimani and 1 other

Chingapa v Wizimani and 1 other (Civil Cause 670 of 2020) [2023] MWHC 105 (31 March 2023)

After default judgment, the court assessed damages for a minor injured in a road traffic accident and awarded nominal damages and costs.

  • Damages
  • Assessment-of-damages
  • Negligence
  • Motor-vehicle-accident
  • Personal-injury
  • Road-traffic-accident
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Tort-law [2023] MWHCCiv 23

Nyirenda and Another v Phiri and Another

Nyirenda and Another v Phiri and Another (Civil Cause 330 of 2019) [2023] MWHCCiv 23 (31 March 2023)

Assessment of damages after a road accident: the High Court awarded both claimants compensation for pain, suffering, loss of amenities, disfigurement, and modest loss of earning capacity.

  • Damages
  • Assessment-of-damages
  • Loss-of-earnings
  • Pain-and-suffering
  • Disfigurement
  • Personal-injury
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Constitutional-law [2023] MWHC 34

S(On the application of Janet Dauda, Sellah Bvumbwe, Bertha Chitani and Jermia Kakumba) v Officer in charge for Ntcheu Police and Inspector General of Police

S(On the application of Janet Dauda, Sellah Bvumbwe, Bertha Chitani and Jermia Kakumba) v Officer in charge for Ntcheu Police and Inspector General of Police (Judicial Review Case 3 of 2021) [2023] MWHC 34 (28 March 2023)

The High Court of Malawi awarded damages for false imprisonment only, rejecting unpleaded claims for business loss, earnings, and legal fees.

  • False-imprisonment
  • Assessment-of-damages
  • Pleadings
  • Vicarious-liability
  • Civil-procedure
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Tort [2023] MWHC 39

Chitekwe v Electric Supply Corporation of Malawi

Chitekwe v Electric Supply Corporation of Malawi (Civil Cause 7 of 2018) [2023] MWHC 39 (12 January 2023)

The High Court of Malawi assessed damages for fire damage caused by negligence, awarding replacement costs, loss of profits, household items, and inconvenience.

  • Negligence
  • Assessment-of-damages
  • Property-damage
  • Loss-of-profits
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Contract-law [2022] MWHCCiv 40

Misheck v Attorney General

Misheck v Attorney General (Civil Cause 587 of 2019) [2022] MWHCCiv 40 (25 October 2022)

The High Court of Malawi held that a signed Release and Discharge Agreement barred the claimant from pursuing further damages, setting aside the assessment of damages.

  • Release-and-discharge-agreement
  • Assessment-of-damages
  • Estoppel
  • Breach-of-promise
  • Civil-procedure
  • Contract-law
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Tort-law [2022] MWHC 126

Mateyo v Attorney General ( Malawi Police Service)

Mateyo v Attorney General ( Malawi Police Service) (Civil Cause 554 of 2021) [2022] MWHC 126 (19 August 2022)

High Court assessment of damages after default judgment for false imprisonment and constitutional rights violations during a solidarity march arrest in Lilongwe.

  • False-imprisonment
  • Punitive-damages
  • Violation-of-constitutional-rights
  • Assessment-of-damages
  • Constitutional-rights
  • Damages-assessment
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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.