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Malawi decisions
Decisions matching the current search
The High Court dismissed the defendants’ application to set aside a stay of judicial review proceedings, holding the motion was incompetent and that the stay stood.
The High Court of Malawi dismissed a constitutional challenge over pension and employment exclusions for domestic workers, holding the claims lacked merit and the 2nd claimant lacked standing.
The State( On The Application Of Democratic Progressive Party) vs Electoral Commission & Mpesi (Judicial Review Cause 36 of 2022) [2025] MWHC 19 (20 August 2025)
The claimant failed to demonstrate any specific injury or legally protected right infringed by the appointment of the interested party as Chief Elections Officer. The claimant's fears were speculative and not based on any actual breach or decision. Judicial review cannot be founded on anticipated future decisions or speculative harm. The claimant lacked locus standi and sufficient interest; therefore, permission for judicial review and interlocutory injunction was denied.
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S (on the application of Malawi Law Society) v Registrar General (as Registrar of Political Parties) (Judicial Review Case 14 of 2022) [2025] MWHCCiv 5 (12 March 2025)
The High Court of Malawi held that the Registrar had to give a written response to the Malawi Law Society’s request for political party funding information.
Banda v Malawi Congress Party (Civil Case 86 of 2024) [2024] MWHCCiv 6 (6 August 2024)
The NEC's resolution imposing eligibility criteria for contesting NEC elections is ultra vires the party constitution, inconsistent with the rights of ordinary members, and contrary to the values of the Malawi Constitution. The claimant is a member with sufficient interest, and the dispute is justiciable as it raises legal, not merely political, questions. The resolution is set aside as a nullity.
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Harawa and Another v Airtel Malawi (Commercial Cause 7 of 2023) [2023] MWHC 109 (29 December 2023)
The High Court dismissed applications to strike out a shareholder petition and for security for costs, holding the petitioners had standing and had shown ability to pay costs.
State(on the Application of the Registered Trustees of Seventh Day Adventist Association of Malawi )v Minister of Justice (Judicial Review Case 55 of 2021) [2023] MWHC 131 (27 October 2023)
The High Court quashed the incorporation of a similar Seventh-Day Adventist trust name as unlawful and unreasonable, finding non-compliance with incorporation rules and no proper review.
The High Court dismissed an injunction and declaratory applications because they were brought without a substantive proceeding already commenced, and ordered costs for the Defendants.
Anglican Diocese of Upper Shire and 4 Others v Church of Province of Central Africa and Another (Civil Cause 328 of 2022) [2023] MWHC 107 (31 August 2023)
The High Court dismissed applications for an interlocutory injunction and declaratory orders in an Anglican church dispute, finding the proceedings were not properly commenced.
Kainja v Director of Anti-Corruption Bureau, Director of Public Prosecutions & Attorney General (Judicial Review Cause 2 of 2023) [2023] MWHC 47 (5 June 2023)
Permission for judicial review was refused. The Court found the claimant’s challenges to ACB investigations, prosecution, publicity, and alleged stay-order breach were unsupported or misconceived.
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