Malawi Case Law

AC(A Minor) acting through Litigation Guardian Mr CJ vs Solomon & 4 others

AC(A Minor) acting through Litigation Guardian Mr CJ vs Solomon & 4 others (Civil Cause 162 of 2023) [2025] MWHCCiv 14 (28 October 2025)

Court

High Court of Malawi Civil Division

Case number

Civil Cause 162 of 2023

A minor girl who becomes pregnant as a result of sexual violence is automatically entitled to access safe termination of pregnancy under section 19(1)(a) and 19(2) of the Gender Equality Act, read with section 243 of the Penal Code, which must be interpreted purposively to include preservation of mental health. The 1st defendant breached statutory duties by denying access and failing to impart necessary information. The 2nd defendant is vicariously liable. The 3rd defendant breached its mandate by failing to promulgate clear guidelines. The 4th defendant breached its statutory duties by faili…

Source excerpt

• Sexual and reproductive health rights
• Abortion law
• Gender equality
• Vicarious liability
• Statutory interpretation
• Mental health

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Mintrozo v Malawi Revenue Authority & The Attorney General (Personal Injury Cause 298 of 2018)

Mintrozo v Malawi Revenue Authority & The Attorney General (Personal Injury Cause 298 of 2018) [2025] MWHCCiv 8 (19 June 2025)

Court

High Court of Malawi Civil Division

Case number

Personal Injury Cause 298 of 2018

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.

• Negligence
• Duty of care
• Vicarious liability
• Use of firearms by police
• Right to life
• Damages

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Elias Wizalamu v Royal Products Limited

The High Court of Malawi held the employer vicariously liable after a machine operator was injured when a colleague restarted machinery without warning.

• Employer's duty of care
• Vicarious liability
• Contributory negligence
• Breach of statutory duty
• Assessment of damages and costs
• Personal-injury

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Wizalamu v Royal Products Limited (Personal Injury Cause 250 of 2020)

Wizalamu v Royal Products Limited (Personal Injury Cause 250 of 2020) [2023] MWHCCiv 24 (26 April 2023)

Court

High Court of Malawi Civil Division

Case number

Personal Injury Cause 250 of 2020

The High Court of Malawi found the employer liable after a machine was restarted while the claimant was removing plastic, causing severe arm injuries and amputation.

• Employer's liability
• Negligence
• Vicarious liability
• Breach of statutory duty
• Contributory negligence
• Damages assessment

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S(On the application of Janet Dauda, Sellah Bvumbwe, Bertha Chitani and Jermia Kakumba) v Officer in charge for Ntcheu Police and Inspector General of Police

S(On the application of Janet Dauda, Sellah Bvumbwe, Bertha Chitani and Jermia Kakumba) v Officer in charge for Ntcheu Police and Inspector General of Police (Judicial Review Case 3 of 2021) [2023] MWHC 34 (28 March 2023)

Court

High Court of Malawi

Case number

Judicial Review Case 3 of 2021

The High Court of Malawi awarded damages for false imprisonment only, rejecting unpleaded claims for business loss, earnings, and legal fees.

• False imprisonment
• Assessment of damages
• Pleadings
• Vicarious liability
• False-imprisonment
• Assessment-of-damages

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Msinja and 4 Others v Reunion Insurance Company (Personal Injury Case 4 of 2012)

Msinja and 4 Others v Reunion Insurance Company (Personal Injury Case 4 of 2012) [2023] MWHC 111 (13 January 2023)

Court

High Court of Malawi

Case number

Personal Injury Case 4 of 2012

The High Court of Malawi found the insurer liable for a road accident caused by its insured driver blocking the road. Damages were left for later assessment.

• Negligence
• Duty of care
• Motor vehicle accidents
• Vicarious liability
• Duty-of-care
• Motor-vehicle-accident

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Msinja and 4 Others v Reunion Insurance Company Limited (Personal Injury 4 of 2012)

Msinja and 4 Others v Reunion Insurance Company Limited (Personal Injury 4 of 2012) [2023] MWHCCiv 4 (13 January 2023)

Court

High Court of Malawi Civil Division

Case number

Personal Injury 4 of 2012

The High Court of Malawi held the defendant insurer liable after finding the insured driver obstructed the road and caused the collision. Damages were left for assessment.

• Negligence
• Duty of care
• Motor vehicle accident
• Vicarious liability
• Duty-of-care
• Motor-vehicle-accident

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Denvar v Strabag International

Denvar v Strabag International (Civil Appeal 2 of 2022) [2022] MWSC 15 (30 June 2022)

Court

Malawi Supreme Court of Appeal

Case number

Civil Appeal 2 of 2022

The Supreme Court of Appeal held that insulting remarks by an employee were not defamatory and dismissed the appeal, making vicarious liability moot.

• Defamation
• Vicarious liability
• Vicarious-liability
• Civil-appeal
• Malawi-supreme-court-of-appeal

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Majeweta and 8 Others v Attorney General

Majeweta and 8 Others v Attorney General (Civil Cause 142 of 2020) [2022] MWHC 78 (20 May 2022)

Court

High Court of Malawi

Case number

Civil Cause 142 of 2020

Assessment of damages after default judgment for unlawful arrest and related torts. The High Court awarded all nine claimants damages and costs.

• False imprisonment
• Malicious prosecution
• Defamation
• Personal injury
• Damages
• Vicarious liability

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T.K v Mota Engil Engenharia E Construcao S.A

T.K v Mota Engil Engenharia E Construcao S.A (Civil Cause 219 of 2017) [2022] MWHC 51 (21 March 2022)

Court

High Court of Malawi

Case number

Civil Cause 219 of 2017

High Court of Malawi assessment of damages after workplace sexual harassment: the claimant was awarded MWK30,000,000 in aggravated damages and costs.

• Sexual harassment
• Employer's duty of care
• Aggravated damages
• Negligence
• Vicarious liability
• Sexual-harassment

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