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High Court of Malawi - 2025 November

5 judgments
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5 judgments
November 2025
GM Plastics Industry Limited v Shamrock Group Of Companies Limited (Commercial Cause 327 of 2018) [2025] MWHC 25 (26 November 2025)
Claimant proved agreement for Malawi Kwacha equivalent compensation referenced to US$25,000; quoting foreign currency as reference not illegal.
  • Contract — agreement to pay Malawi Kwacha equivalent of foreign currency — reference currency permissible; Civil procedure — burden and standard of proof on balance of probabilities; Evidence — adverse inference from failure to call material witnesses; Exchange control — quoting or indexing to foreign currency does not per se constitute illegality.
26 November 2025
African Minerals and Energy Holdings Limited v Tiyuni Holdings Limited (Commercial Division Case 42 of 2025) [2025] MWHC 27 (21 November 2025)
Whether the applicant is entitled to continue an interlocutory injunction despite a one-day late filing and alleged non-disclosure and stamping issues.
  • Interlocutory injunctions — Order 10 Rule 27 (CPR 2017) — American Cyanamid principles — serious question to be tried; adequacy of damages; preservation of status quo — CPR Order 2 cure of irregularity — duty of full and frank disclosure for ex parte relief — equity and unclean hands — effect of unstamped agreements where party treats contract as operative.
21 November 2025
Judgment on Review of Civil Cause Number 307 of 2024 (Civil Cause Number 307 of 2024; Matrimonial Review Cause Number 1 of 2025) [2025] MWHC 36 (21 November 2025)
Court held that marriages cannot be dissolved by private consent; divorce established for desertion and property split 30:70.
  • Family Law
    • — Divorce — Whether parties can dissolve a marriage by mutual consent without court decree
    • — Jurisdiction — Determination of marriage type and validity before granting divorce
    • — Matrimonial Property — Distribution principles and evidentiary requirements for customary practices
21 November 2025
Katete Dairy Farm (1999) Limited v Ghambi & 2 others (Miscellaneous Civil Application 171 of 2013) [2025] MWHC 26 (20 November 2025)
The applicant’s application to set aside a default judgment succeeded due to non-service and an arguable defence.
  • Civil procedure — Setting aside default judgment — Non-service of originating process — Delay in bringing application — Prospects of defence — Prejudice — Vacatur of interlocutory injunction.
20 November 2025
Mia v Malola & Malawi Electoral Commision (Election Petition 58 of 2025) [2025] MWHC 24 (11 November 2025)
Section 100 petition confined to Commission‑decided complaints; one unsigned result sheet found but did not affect election, petition dismissed.
  • Election law — Section 100 appeal limited to matters decided by the Commission; scope of election petitions; irregularity defined as non‑compliance with the Act; presiding officer’s signature mandatory on result sheets; criminal electoral offences (handouts, unlawful campaigning) are for criminal process and require conviction before affecting election outcome; burden of proof on petitioner on balance of probabilities.
11 November 2025