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High Court of Malawi - 2026 January

5 judgments
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5 judgments
January 2026
Olive Matipwiri (Suing through her Litigation Guardian, George Matipwiri) v Malawian Airlines Limited (Civil Cause 16 of 2022) [2026] MWHC 4 (23 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
The State (On Application of Queen Mwangonde) v Pharmacy and Medicines Regulatory Authority (Judicial Review Cause 18 of 2025) [2026] MWHC 3 (22 January 2026)
Regulator lawfully conducted inquiry and later disciplinary hearing; ad hoc committee and concurrent criminal proceedings were permissible.
  • Administrative law — statutory interpretation of regulatory disciplinary powers — sections 17, 36 and 37 read together; delegation to committees and use of ad hoc panels permissible; distinction between inquiry and disciplinary hearing; concurrent criminal and disciplinary proceedings not per se unreasonable.
22 January 2026
In the Matter of the Financial Crimes Act, In the Matter of the Application for a Preservation Order, In the Matter of Section 66 of the Financial Crimes Act, the Financial Intelligence Authority v Ecobank Account Number 5422500004583 & Others (Financial Crimes Cause No. 1 of 2026) [2026] MWHC 5 (21 January 2026)
21 January 2026
Republic v Richard Chimwendo Banda & Alfred Dala Kadula (Homicide Case Number 289 of 2025) [2026] MWHC 2 (20 January 2026)
Withdrawal of a bail application does not terminate criminal proceedings; the court may grant release and issue case-management directions to protect liberty.
  • Constitutional rights — personal liberty and 48-hour rule — withdrawal of bail application — effect on ongoing criminal proceedings — habeas corpus as appropriate remedy — court's discretion to grant reliefs mero motu; case management and disclosure obligations.
20 January 2026
S (On Application of Richard Chimwendo Banda) v Director of Public Prosecutions & The Inspector General of the Malawi Police Service (Judicial Review No. 01 of 2026) [2026] MWHC 1 (14 January 2026)
14 January 2026