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Malawi decisions
Decisions matching the current search
Mintrozo v Malawi Revenue Authority & The Attorney General (Personal Injury Cause 298 of 2018) [2025] MWHCCiv 8 (19 June 2025)
The High Court of Malawi found the police officer negligently shot and killed the claimant’s husband, who was an innocent bystander, and awarded damages against the 2nd Defendant only.
The Registered Trustees of Annie's Lodge and Another v Fatchi (Commercial Cause 17 of 2024) [2024] MWHC 49 (5 September 2024)
The High Court of Malawi continued an interlocutory injunction after finding a serious dispute over whether the defendant sold property beyond the loan security.
Kaliya v Times Television Limited (Civil Cause 153 of 2015) [2024] MWHC 26 (19 April 2024)
The court found that the defendant published defamatory statements about the claimant despite police requests to delay, causing reputational harm. However, the claimant failed to prove pecuniary loss or entitlement to exemplary damages. The court awarded compensatory damages only, considering comparable awards, the erosion of the Malawi Kwacha, and the need to balance compensation with media freedom.
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Banda v Malawi Post Corporation (Personal Injury Cause 138 of 2020) [2024] MWHC 22 (19 March 2024)
The High Court of Malawi dismissed claims for false imprisonment, defamation, malicious prosecution, and conversion of money, but upheld conversion of listed office items.
NBS Bank Limited v Kaonga and others (Commercial Case 134 of 2014) [2024] MWCommC 2 (24 February 2024)
There was no cogent evidence of fraud by the defendants; the matter is one of outstanding debt. The 1st and 2nd defendants are liable for the sums claimed plus interest. Claims for attachment of the 3rd defendant’s beneficial interest and for general and exemplary damages fail. Order for delivery of vehicles is granted if recovery is possible.
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Mumba v Opportunity International Bank of Malawi (Civil Cause 49 of 2016) [2023] MWHCCiv 9 (15 December 2023)
The Defendant failed to provide evidence of the Claimant's impecuniosity or risk that the appeal would be rendered nugatory; the issue on appeal is only the quantum of damages, not liability, so a stay is not warranted.
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Chokotho v FDH Bank PLC (Commercial Cause 14 of 2023) [2023] MWHC 108 (8 August 2023)
The Claimant's action fails because the property was already sold and transferred by private treaty before the injunction was granted; the Defendant was not required to sell at or above the reserve price for a private treaty sale; the only remedy available after exercise of the power of sale is damages, which the Claimant did not seek; and no arguable case or triable issue was disclosed.
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Mkandawire v Matete (Civil Cause 136 of 2017) [2023] MWHCCiv 30 (14 July 2023)
The High Court declined declarations of ownership and trespass over Plot P17, but held the claimant should receive damages for procedural irregularity in the land reallocation process.
Chipantha & Msika v Attorney General (Ministry of Health) (Civil Cause 144 of 2021) [2023] MWHCCiv 16 (28 June 2023)
Assessment of damages after default judgment in a medical negligence case involving a retained surgical pack. The court awarded substantial compensation to both claimants and costs.
Mtenje v FDH Bank Limited (Commercial Cause 294 of 2020) [2023] MWHC 53 (13 June 2023)
The court held that FDH Bank wrongfully lodged a caution over the claimant’s land, awarding damages for lost sale value and legal fees, but also upheld the bank’s money-had-and-received counterclaim.
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