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Malawi Case Law

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Civil procedure [2023] MWHC 90

Quick Investment Limited v Phiri (MISC Civil Application 99 of 2022)

Quick Investment Limited v Phiri (MISC Civil Application 99 of 2022) [2023] MWHC 90 (15 September 2023)

The High Court refused to order possession of land to enforce a consent judgment, finding the claimant had not proved the defendant owned the land.

  • Burden of proof
  • Ownership of land
  • Enforcement of consent judgment
  • Charging orders
  • Forgery
  • Burden-of-proof
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Criminal law [2022] MWHC 81

R v Banda (Confirmation Case 912 of 2021)

R v Banda (Confirmation Case 912 of 2021) [2022] MWHC 81 (22 April 2022)

On confirmation, the High Court of Malawi enhanced Jane Banda’s sentences for forgery, uttering, false pretences and misuse of an identity card.

  • Forgery
  • Uttering false documents
  • Obtaining credit by false pretences
  • Use of false identity card
  • Sentencing
  • Criminal-law
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Property law [2022] MWHC 204

Gondwe v Chihana & Trust

Gondwe v Chihana & Trust (Civil Cause 106 of 2014) [2022] MWHC 204 (14 February 2022)

The transfer of Title Number Jombo 7/8 to Vikawu Trust was irregular and invalid because the claimant's signature was not witnessed as required by law, and there was a strong possibility of forgery. The legal process for transfer was not followed, and there was no evidence of consideration or consent from the claimant. Therefore, the registration in favour of Vikawu Trust is null and void, and the property should revert to joint ownership by the claimant and defendant.

  • Fraudulent transfer
  • Rectification of register
  • Joint ownership
  • Trust property
  • Forgery
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Succession law [2021] MWHC 159

Tupochere Muocha ( As beneficiary of the estate of Francis Mbilizi - deceased) v Rosa Mbilizi

Tupochere Muocha ( As beneficiary of the estate of Francis Mbilizi - deceased) v Rosa Mbilizi (Probate Cause 394 of 2020) [2021] MWHC 159 (10 November 2021)

The High Court of Malawi upheld the will of Francis Mbilizi, rejecting claims of fraud and forgery, but ordered the widow to account for estate assets.

  • Validity of will
  • Forgery
  • Fraud
  • Alteration of will
  • Administration of estate
  • Testamentary capacity
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Criminal law [2020] MWHC 199

Republic v Mhone and Mvula

Republic v Mhone and Mvula (Criminal Case 18 of 2018) [2020] MWHC 199 (29 November 2020)

The High Court of Malawi convicted Reverend Daniel Mhone and Mlenga Mvula on all counts, including obtaining by false pretences, forgery, uttering false documents and misuse of office.

  • Obtaining by false pretences
  • Forgery
  • Uttering false documents
  • Misuse of public office
  • Obtaining-by-false-pretences
  • Uttering-false-documents
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Criminal law [2020] MWSC 16

R v Ndhlovu (Confirmation Case 474 of 2019)

R v Ndhlovu (Confirmation Case 474 of 2019) [2020] MWSC 16 (13 August 2020)

The High Court confirmed the accused’s convictions for forgery and attempted theft, reduced the forgery sentence from 60 to 30 months, and ordered law-society referral.

  • Forgery
  • Attempted theft
  • Sentencing
  • Professional misconduct
  • Attempted-theft
  • Professional-misconduct
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Contract law [2018] MWHC 1342

Far Stationery v Malawi Posts Corporation (44 of 2016)

Far Stationery v Malawi Posts Corporation (44 of 2016) [2018] MWHC 1342 (24 October 2018)

The High Court dismissed a stationery supplier’s claim against Malawi Posts Corporation, finding no proved contract and holding the local purchase order was forged.

  • Existence of contract
  • Agency
  • Forgery
  • Public procurement procedures
  • Contract-law
  • Public-procurement
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Criminal law [2008] MWHC 218

Chilongo & Anor. v R (132 of 2008)

Chilongo & Anor. v R (132 of 2008) [2008] MWHC 218 (21 December 2008)

The High Court upheld convictions for forgery, uttering a false document, and attempted theft, but reduced the custodial sentences on the first two counts.

  • Forgery
  • Uttering false document
  • Attempted theft
  • Sentencing
  • Appeal procedure
  • Uttering-false-document
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Criminal law [2008] MWHC 116

R v Betha & Anor. (30 of 2008)

R v Betha & Anor. (30 of 2008) [2008] MWHC 116 (10 June 2008)

The High Court of Malawi dismissed a criminal appeal against convictions for conspiracy, forgery, and uttering false documents, and upheld the sentences.

  • Conspiracy to commit a felony
  • Forgery
  • Uttering false documents
  • Appeal against conviction and sentence
  • Bail
  • Legal representation
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Criminal law [2008] MWHC 113

S v Mwawa (50 of 2006)

S v Mwawa (50 of 2006) [2008] MWHC 113 (8 June 2008)

The High Court of Malawi upheld Yusufu Mwawa’s convictions for abuse of office, theft, forgery and uttering, but reduced and suspended the sentences because of ill health.

  • Abuse of office
  • Theft
  • Forgery
  • Uttering false documents
  • Sentencing
  • Abuse-of-office
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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.