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High Court of Malawi - 2025 February

5 judgments
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5 judgments
Citation
Judgment date
February 2025
Mukteshwar Sugar Mills Ltd v Salima Sugar Company Ltd (Commercial Cause 136 of 2024) [2025] MWHC 4 (7 February 2025)
Ex parte freezing injunction vacated after applicant suppressed material related‑party and forensic‑audit facts.
Civil procedure – freezing injunctions – Order 10 r.11, r.12(2)(b) CPR – requirements: good and arguable case, assets likely to form part of judgment, risk of dissipation – equitable relief requires full and frank disclosure – clean hands doctrine – proportionality of freezing orders – relevance of forensic audit and related-party conflicts.
 7 February 2025
Almeida v Almeida (Being Civil Appeal No. 6 of 2024) [2025] MWHC 8 (3 February 2025)
Court orders pending appeal to determine custody and proposed relocation, stays parallel proceedings, prioritizing the child’s best interests.
Family law – Child custody and access – Proposed relocation of child abroad (Portugal) – Jurisdiction to dissolve marriage – Best interests of the child (Constitution s.23) – Stay of parallel proceedings – Recusal: reasonable apprehension of bias test – Review vs appeal.
 3 February 2025
Chaoloka v The Attorney General (Ministre of Finance & Economic Affairs) (IRC MATTER 1294 of 2022) [2025] MWHC 5 (3 February 2025)
Failure to serve the mandatory pre‑suit notice and the time‑barred nature of the dispute rendered the applicants’ claim and motion a nullity.
Civil procedure – pre‑suit notice mandatory under Civil Procedure (Suits By and Against Government) Act s4 – non‑compliance renders action a nullity; administrative law – challenges to Ministerial implementation of statutory pension scheme are matters for judicial review; limitation – three‑month rule for judicial review; declaratory relief cannot circumvent pre‑suit notice requirement.
 3 February 2025
Kasuma v Micro Loan Foundation Ltd (IRC MATTER 610 of 2016) [2025] MWHC 7 (3 February 2025)
Exit agreement signed under economic duress: dismissal unfair; applicant entitled to compensation and remedy hearing.
Employment law – Unfair dismissal – Mutual release/exit agreement vitiated by economic duress; procedural fairness in disciplinary process; employer’s burden to prove valid reason for dismissal; compensation remedy.
 3 February 2025
Mtokoma, Mailosi, Chitawira, Mtungama v College of Medicine Sports Complex (IRC MATTER 593 of 2020) [2025] MWHC 6 (3 February 2025)
Dismissals for operational requirements without consultation were unfair; applicants entitled to compensation.
Employment law – unfair dismissal – operational requirements/retrenchment – statutory consultation requirement – justice and equity (s.61 Employment Act) – funding contingency clause – contractual notice period – compensation assessment.
 3 February 2025