Malawi Case Law

S (On the application of the Malawi Revenue Authority) v Chairperson of the Industrial Relations Court

S (On the application of the Malawi Revenue Authority) v Chairperson of the Industrial Relations Court (Judicial Review 52 of 2021; Misc. Cause 56 of 2021) [2022] MWSC 2 (31 January 2022)

Court

Malawi Supreme Court of Appeal

Case number

Judicial Review 52 of 2021 ; Misc. Cause 56 of 2021

The Supreme Court of Appeal reinstated interim relief in an employment dispute and held the High Court had wrongly stayed the IRC order without proper basis.

• Summary dismissal
• Interim relief
• Judicial discretion
• Judicial immunity
• Case management
• Security for costs

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S (on the Application of Malawi Revenue Authority) v Chairperson of Industrial Relations Court and Another

S (on the Application of Malawi Revenue Authority) v Chairperson of Industrial Relations Court and Another (Miscellaneous Case 56 of 2021) [2022] MWSC 30 (31 January 2022)

Court

Malawi Supreme Court of Appeal

Case number

Miscellaneous Case 56 of 2021

The Supreme Court of Appeal reinstated an Industrial Relations Court interim order, finding the High Court had erred in staying it and that damages were inadequate.

• Summary dismissal
• Interim relief
• Judicial immunity
• Jurisdiction of appellate courts
• Security for costs
• Judicial-review

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Malawi Revenue Authority v Azam Transways (83 of 2005)

Malawi Revenue Authority v Azam Transways (83 of 2005) [2007] MWHC 21 (15 April 2007)

Court

High Court of Malawi

Case number

83 of 2005

The appellant acted in bad faith by detaining all four trucks and trailers for a period far exceeding the value of the alleged revenue at issue, despite the respondent’s compliance with all procedures and provision of information. Such conduct was unreasonable, malicious, and not protected by statutory immunity. The respondent is entitled to damages for loss of business income.

Source excerpt

• Malicious detention
• Bad faith
• Damages
• Res judicata
• Judicial immunity

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