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Malawi Case Law

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Civil procedure [2007] MWHC 57

Sawali v Mobil Oil (MW)(Pvt) Ltd

Sawali v Mobil Oil (MW)(Pvt) Ltd (Civil Cause 1124 of 2000) [2007] MWHC 57 (24 January 2007)

The High Court of Malawi set aside a rehearing order as unprocedural because it had been obtained ex parte and before a different judge, leaving the default judgment in place.

  • Default judgment
  • Setting aside judgment
  • Ex-parte applications
  • Judicial discretion
  • Notice of change of advocate
  • Civil-procedure
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Civil procedure [2004] MWHC 10

Chilumpha v Chendawaka Family & Anor.

Chilumpha v Chendawaka Family & Anor. (Civil Cause 984 of 2004) [2004] MWHC 10 (25 March 2004)

The High Court of Malawi held that the defendants’ challenge to an ex parte injunction should be heard inter partes, not discharged ex parte.

  • Injunctions
  • Ex-parte applications
  • Inter partes hearings
  • Discharge of injunctions
  • Ex-parte-applications
  • Inter-partes-hearings
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Civil procedure [2001] MWHC 111

Msisha v City of Blantyre

Msisha v City of Blantyre (Civil Cause 2128 of 2000) [2001] MWHC 111 (27 April 2001)

The High Court of Malawi vacated a stay of execution, holding that the defendant’s affidavit failed to disclose a meritable defence and did not justify denying judgment enforcement.

  • Stay of execution
  • Summary judgment
  • Affidavit requirements
  • Ex-parte applications
  • Stay-of-execution
  • Summary-judgment
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Civil procedure [1987] MWHC 24

Nthenga v Blantyre City Council

Nthenga v Blantyre City Council (Civil Cause 556 of 1987) [1987] MWHC 24 (10 December 1987)

The High Court of Malawi refused to vacate an ex-parte stay order, holding that urgent ex-parte relief was permissible pending an inter partes hearing.

  • Ex-parte applications
  • Stay of execution
  • Vacating orders
  • Civil-procedure
  • Ex-parte-applications
  • Stay-of-execution
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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.