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Malawi decisions
Decisions matching the current search
The Court found that Agness Phiri was constructively and unfairly dismissed after her salary was withheld and a resignation was obtained under economic duress.
The Industrial Relations Court held that the employer’s deductions from terminal benefits were unlawful, and awarded the worker withheld pay, leave pay, overtime, and pension remittances.
The Industrial Relations Court found that Peter Pelekamoyo was unfairly dismissed and subjected to unfair labour practices by the Council of the University of Malawi.
The Industrial Relations Court held that Susan Bizwick was unfairly dismissed by Speedy’s Food Industries Limited after it failed to prove a valid reason or hold a disciplinary hearing.
The Industrial Relations Court dismissed claims by seven workers against ESCOM, holding their fixed-term MAREP contracts expired by effluxion of time.
The High Court of Malawi found the claimant’s arrest, prosecution and detention were instigated by the defendant, awarding ordinary damages for malicious prosecution and false imprisonment.
GM Plastics Industry Limited v Shamrock Group Of Companies Limited (Commercial Cause 327 of 2018) [2025] MWHC 25 (26 November 2025)
The Claimant proved on the balance of probabilities that an agreement existed for compensation in Malawi Kwacha equivalent to US$25,000, and the Defendant breached this agreement by failing to pay. The claim is not illegal as payment is sought in local currency, with US Dollars as a reference. Defendant's failure to call witnesses supports adverse inference against its case.
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Mia v Malola & Malawi Electoral Commision (Election Petition 58 of 2025) [2025] MWHC 24 (11 November 2025)
Only one irregularity was proved (unsigned original result sheet for Nabisi F. P. School), but it did not affect the overall election result. All other alleged irregularities were not substantiated or did not constitute non-compliance with statutory requirements. The petition was properly brought only as an appeal from the Electoral Commission’s decision, and criminal allegations (handouts, campaigning outside period) were not within the court’s jurisdiction in this civil proceeding. The proven irregularity was not material enough to warrant nullification of the election.
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Ngwira v Ngwira & Chiumia (Miscellaneous Civil Case 36 of 2018) [2024] MWHCCiv 22 (24 April 2024)
The High Court of Malawi held that Francis Ngwira proved ownership of Plot 25/SQ/73, rejected the 2nd defendant’s bona fide purchaser defence, and granted injunctive relief.
R v Mbedza (Criminal Appeal 15 of 2017) [2023] MWHC 124 (1 December 2023)
The High Court dismissed the State’s criminal appeal and upheld Ireen Mbedza’s acquittal for alleged theft by public servant and alternative negligence.
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