High Court of Malawi

4,094 judgments
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Results. 4,094 judgments found.

4,094 judgments
August 2026
10 August 2026
6 August 2026
July 2026
22 July 2026
21 July 2026
Appeal against assessment of unfair dismissal compensation dismissed; award upheld despite improper consideration of delay and depreciation.
  • Labour Law — Unfair Dismissal Compensation — Interpretation of section 63(4) and 63(5) of the Employment Act — Whether s63(5) sets a minimum or fixed award — Use of salary at dismissal; inadmissibility of boosting for inflation and delays
17 July 2026
15 July 2026
13 July 2026
7 July 2026
3 July 2026
June 2026
11 June 2026
May 2026
21 May 2026
21 May 2026
Sale of matrimonial property set aside for procedural impropriety in valuation and sale; former counsel summoned to show cause.
  • Family Law — Property Distribution — Setting aside ex parte sale order for matrimonial property due to procedural impropriety and lack of transparent valuation procurement
  • Administrative Law — Natural Justice and Public Procurement — Duty to ensure transparency, paper‑trail and avoidance of appearance of bias when a public office appoints a service provider
  • Legal Ethics — Duty of Legal Practitioner — Failure to communicate with client and potential breach of officer‑of‑court obligations (show‑cause proceedings)
19 May 2026
High Court discharged judicial review leave because the dispute is predominantly a private employment matter for the Industrial Relations Court.
  • Administrative law — Judicial review — Public vs private law — Dominant‑factor test for employment suspensions
  • Labour law — Jurisdiction — Industrial Relations Court as specialised forum — Alternative and effective remedy bars High Court judicial review
19 May 2026
18 May 2026
15 May 2026
Claimant proved malicious prosecution and false imprisonment instigated by the defendant, but defamation and special damages failed.
  • Tort — Malicious prosecution — Instigation by private party to police; elements: prosecution by defendant, termination in favour, absence of reasonable and probable cause, malice
15 May 2026
15 May 2026
15 May 2026
15 May 2026
13 May 2026
13 May 2026
13 May 2026
11 May 2026
IRC may determine statutory discrimination claims; discrimination found and compensation to be recalculated without arbitrary boost.
  • Employment law — Workplace discrimination — Recruitment and prospective employees — Employer liability under Employment Act ss 5–7 for discriminatory referral and restoration remedies
  • Civil procedure — Jurisdiction — Industrial Relations Court jurisdiction over statutory discrimination claims but not torts (defamation, breach, inducement) — Employment Act ss 3,7
  • Remedies — Assessment of compensation — Currency denomination and boosting — Dollarization and reassessment ordered; arbitrary percentage boosts set aside
8 May 2026
Application to set aside default judgment dismissed for unexplained delay, lack of meritorious defence and counsel misconduct.
  • Civil procedure — Default judgment — Setting aside — Requirements under Order 12 Rule 21 CPR 2017 — Reasonable cause, meritorious defence, explanation of delay, interest of justice
  • Professional misconduct — Misleading court and unauthorised removal/replacement of court file documents — Abuse of process and adverse effect on relief
8 May 2026
8 May 2026
Whether a blanket prohibition on Indian Hemp possession without a religious exemption unjustifiably limits the applicant's freedom of religion.
  • Constitutional law
    • — Freedom of religion — Prohibition on sacramental cannabis possession — Justifiable limitation under s44 of the Constitution
    • — Equality — Facially neutral drug prohibition — Not discrimination where law applies generally
  • Human rights — Human dignity — Criminalisation of religious drug possession — Does not necessarily negate essential content of dignity right
8 May 2026
April 2026
Court dismissed challenge: NGO lacked standing and pension and written‑particulars exemptions were constitutional.
  • Constitutional law — Standing — Public interest/representative standing — Organisations must establish a direct or sufficient interest to litigate on behalf of others
  • Labour and social security — Pension exemptions — Ministerial power to exempt classes from mandatory occupational pension — Reasonableness, proportionality and non‑discrimination; Pension Act s11; Constitution ss13, 20, 30, 31
  • Employment law — Written particulars of employment — Threshold of five employees — Constitutionality and permissible limitation; Employment Act s27(4)
16 April 2026
15 April 2026
15 April 2026
14 April 2026
Order to set aside default judgment
9 April 2026
9 April 2026
8 April 2026
Statutory procedures must be followed to challenge freezing/restriction orders; defective CPR filings are rejected.
  • Civil procedure — Commencement of action — Summons (Specially Endorsed) vs "Statement of Case"; Statutory procedure — Financial Crimes Act and Corrupt Practices Act — remedies for freezing directives and restriction notices; Interlocutory applications — notice and signature requirements; Registry jurisdiction (Lilongwe v Blantyre)
2 April 2026
Court substituted imprisonment with compensation to secure the convict’s parental responsibility and child welfare.
  • Criminal law — Sexual offences — Sexual intercourse with person under 18 — Consent immaterial under section 138(1) Penal Code
  • Criminal procedure — Sentencing and disposal — Compensation and discharge as alternative to imprisonment under section 32 Penal Code and section 337(1)(c)(i) Criminal Procedure and Evidence Code
  • Family law — Civil remedies — Victim’s right to pursue maintenance under section 96 Marriage Divorce and Family Relations Act
1 April 2026
March 2026
31 March 2026
26 March 2026
26 March 2026
25 March 2026
19 March 2026
Amendment seeking to apply collection-costs rules enacted after proceedings commenced cannot be allowed as retrospective.
  • Civil procedure
    • — Amendment of pleadings — Application of new subsidiary legislation to pending proceedings — Retrospective operation and General Interpretation Act s 14(1)(a)
    • — Costs — Recoverability of statutory collection costs under Legal Education and Legal Practitioners (Remuneration) Rules 2025 — Non-retrospective application where proceedings commenced prior to enactment
18 March 2026
18 March 2026
12 March 2026
10 March 2026
February 2026
27 February 2026
19 February 2026
18 February 2026
January 2026
Airline's refusal to carry a disabled child without lawful or reasonable justification amounted to discrimination and violated dignity.
  • Disability discrimination in air carriage; reasonable accommodation and medical clearance; Chicago Convention Annex 9; right to equality and dignity; general (not punitive) damages awarded.
23 January 2026