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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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Commercial-law [2023] MWHC 49

Waterfalls International Holdings Limited v Chikola t/a Chikola Investments

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.

  • Summary-judgment
  • Breach-of-contract
  • Title-to-goods
  • Counterclaim
  • Commercial-law
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Contract-law [2023] MWHC 101

Sangala v Sabadia (Land Cause 65 of 2018)

Sangala v Sabadia (Land Cause 65 of 2018) [2023] MWHC 101 (23 June 2023)

On assessment of damages after summary judgment, the High Court awarded the claimant MWK 40 million for plot LK 1173, MWK 10 million general damages, and costs.

  • Breach-of-contract
  • Specific-performance
  • Damages-assessment
  • Land-dispute
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Company-law [2022] MWSC 24

Patel and 3 others v Press corporation Limited & 1 other

Patel and 3 others v Press corporation Limited & 1 other (Civil Appeal 3072 of 2003) [2022] MWSC 24 (14 December 2022)

The Supreme Court of Appeal addressed a long-running joint venture dispute, upheld minority shareholder protection, dismissed the cross-appeal, and restored the original shareholding ratio.

  • Minority-shareholder-protection
  • Joint-venture-agreements
  • Breach-of-contract
  • Amendment-of-pleadings
  • Corporate-management
  • Liquidation
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Civil-procedure [2022] MWSC 25

RMT Initiative Limited t/a C-Track v Electricity Supply Commision of Malawi (MSCA Civil Appeal 52 of 2019)

RMT Initiative Limited t/a C-Track v Electricity Supply Commision of Malawi (MSCA Civil Appeal 52 of 2019) [2022] MWSC 25 (6 October 2022)

The Supreme Court of Appeal dismissed an appeal against refusal to restore a claim dismissed for non-attendance at mediation, finding no abuse of discretion.

  • Breach-of-contract
  • Restoration-of-dismissed-suit
  • Judicial-discretion
  • Mediation-procedure
  • Civil-procedure
  • Mediation
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Contract-law [2022] MWHC 64

Mangame v Lujeri Tea Estates Limited

Mangame v Lujeri Tea Estates Limited (Civil Cause 352 of 2017) [2022] MWHC 64 (20 May 2022)

The High Court of Malawi dismissed a tea grower’s claims for breach of contract, damages, and defamation after finding no proven written contract and no actionable defamation.

  • Breach-of-contract
  • Defamation
  • Damages
  • Proof-of-contract
  • Proof-of-loss
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Contract-law [2022] MWSC 27

Nyika Farms Limited v Toyota Malawi Limited (MSCA Civil Appeal 23 of 2016)

Nyika Farms Limited v Toyota Malawi Limited (MSCA Civil Appeal 23 of 2016) [2022] MWSC 27 (30 March 2022)

The Supreme Court of Appeal addressed a disputed motor vehicle sale, conditional contract issues, specific performance, damages, and whether duty-free status affected title.

  • Specific-performance
  • Breach-of-contract
  • Damages
  • Sale-of-goods
  • Misrepresentation
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Contract-law [2022] MWHC 47

Mungomo v Malawi Housing Corporation

Mungomo v Malawi Housing Corporation (Civil Cause 186 of 2015) [2022] MWHC 47 (25 February 2022)

High Court of Malawi allowed the defendant’s rehearing application after judgment in its absence, finding prompt action, good reason for non-attendance, and arguable prospects.

  • Breach-of-contract
  • Rehearing
  • Setting-aside-judgment
  • Court-procedure
  • Civil-procedure
  • Default-judgment
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Contract-law [2022] MWHCCiv 9

Nyirongo v Village headwoman Mangwere and Traditional authority Kulunda

Nyirongo v Village headwoman Mangwere and Traditional authority Kulunda (Civil Cause 24 of 2016) [2022] MWHCCiv 9 (23 February 2022)

The High Court of Malawi refused specific performance of a land sale agreement, finding the land had been sold to a third party. The claimant was ordered to recover his K1,000,000 deposit.

  • Specific-performance
  • Sale-of-land
  • Equitable-remedies
  • Breach-of-contract
  • Land-sale
  • Third-party-rights
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Contract-law [2022] MWHC 23

Manjolo and Mbuluma v Blantyre City Council

Manjolo and Mbuluma v Blantyre City Council (Civil Cause 140 of 2018) [2022] MWHC 23 (10 February 2022)

The High Court of Malawi found that Blantyre City Council breached traffic-management contracts by failing to give the claimants access to the sites.

  • Breach-of-contract
  • Frustration-of-contract
  • Damages
  • Arbitration-clauses
  • Arbitration-clause
  • Civil-procedure
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Contract-law [2021] MWHC 252

Hussein v Mwalabu & Chikope

Hussein v Mwalabu & Chikope (Civil Cause 1023 of 2019) [2021] MWHC 252 (16 December 2021)

After default judgment over a land sale dispute, the High Court awarded the claimant a refund, interest, modest inconvenience damages, and costs.

  • Refund-of-purchase-price
  • Damages-for-inconvenience
  • Interest-on-purchase-price
  • Breach-of-contract
  • Interest-on-damages
  • Land-sale-dispute
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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.