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Blantyre Principal Registry - 2025

8 judgments
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8 judgments
December 2025
Chisitu Tea Blenders & Packers Limited & Anor. v Malawi Agriculture & Industrial Investment Corporation PLC (MAIIC) & 2 Ors. (Commercial Cause 89 of 2025) [2025] MWHC 30 (18 December 2025)
18 December 2025
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
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
October 2025
FINCA Malawi Limited v Sellah Kambilinya Mtsekwe (Civil Appeal Case Number 13 of 2024; IRC Matter No. 618 of 2019) [2025] MWHC 28 (2 October 2025)
Appeal allowed: finding of constructive dismissal reversed; compensation assessment principles clarified and arbitrary 30% boost disallowed.
  • Employment law — constructive dismissal — demotion and transfers; conditional loan as possible victimisation; timing and delay in claiming constructive dismissal; compensation assessment under Employment Act s.63(4) and minima in s.63(5); mitigation of loss; courts may not 'boost' awards for inflation—use prevailing wage instead.
2 October 2025
August 2025
TOF Investment CO. LTD v The Registered Trustees Of The Church of Central Africa Presbyterian(CCAP) (Commercial Cause 86 of 2023) [2025] MWHC 16 (11 August 2025)
11 August 2025
May 2025
Standard Bank PLC v Bernadette Kalumo and Others (Civil Appeal 18 of 2024) [2025] MWHC 32 (21 May 2025)
Appellate court found KYC‑related poor performance justified dismissal; set aside boosted compensation and reassessed remedies.
  • Employment law
    • — Unfair dismissal — Poor performance on KYC compliance — Valid reason and employer’s duty to act with justice and equity — Employment Act ss57,61
    • — Compensation for unfair dismissal — Statutory minima and court discretion under s63(4)–(5) — Role of mitigation
    • — Severance allowance — Statutory calculation under First Schedule — No judicial 'boost' for devaluation absent statutory or pleaded basis
21 May 2025
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