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Principal Registry - 2025

13 judgments
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13 judgments
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
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
August 2025
The State( On The Application Of Democratic Progressive Party) vs Electoral Commission & Mpesi (Judicial Review Cause 36 of 2022) [2025] MWHC 19 (20 August 2025)
Claimant lacked a cognisable right and sufficient interest to seek judicial review of the appointment; application dismissed and costs awarded.
  • Judicial review — permission stage — Order 19 rule 20 requirements — must show a right, interest or legitimate expectation affected and sufficient locus standi; speculative future grievances non-justiciable; interlocutory injunction falls away where permission denied; costs follow the event.
20 August 2025
The State v The Commissioner General Of The Malawi Revenue Authority (Judicial Review Cause 3 of 2025) [2025] MWHC 14 (18 August 2025)
18 August 2025
The State v The Commissioner General Of The Malawi Revenue Authority (Judicial Review Cause 3 of 2025) [2025] MWHC 15 (18 August 2025)
18 August 2025
April 2025
Msyali v Malawi Housing Corporation (IRC MATTER 99 of 2024) [2025] MWHC 11 (25 April 2025)
Accrued annual leave cannot be forfeited; employer must pay untaken earned leave on termination.
  • Employment law — Annual leave — Employer’s duty to grant leave; employee’s duty to take leave — No statutory forfeiture of accrued earned leave — Contractual clauses purporting to forfeit accrued leave void — Entitlement to payment for accrued untaken leave on termination (sections 44 and 45, Employment Act).
25 April 2025
Macsteel Company Limited v Chakumwa (Civil Appeal 17 of 2022) [2025] MWHC 13 (4 April 2025)
The employer's appeal against compensation for the respondent's constructive dismissal was dismissed; s63 discretion upheld.
  • Employment law — Unfair/constructive dismissal — Assessment of compensation — Sections 63(4) and 63(5) Employment Act — Immediate loss and future loss — Pleading standards in Industrial Relations Court — Statutory severance allowance (s35).
4 April 2025
March 2025
Chigaru v Meja & The Attorney General (Ministry of Health/Queen Elizabeth Central Hospital) (Personal Injury Cause 278 of 2021) [2025] MWHC 10 (16 March 2025)
Court awards K70,000,000 to the applicant for negligent medical treatment causing genital mutilation, including exemplary damages.
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16 March 2025
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
January 2025
Kaipa v Chinzenga (Matrimonial Review Cause No. 2 of 2025 (Being Civil Cause No. 682 of 2025)) [2025] MWHC 2 (22 January 2025)
High Court reviewed and set aside subordinate custody order, awarding primary custody to the breastfeeding mother and ordering medical and social assessments.
  • Family law — Custody — Best interests of the child — Infant breastfeeding as paramount consideration — High Court supervisory review under Section 26 Courts Act — Quashing subordinate court custody order — Orders for medical and social welfare assessments.
22 January 2025
Magona v The Legal Education & Legal Practitioners (48 of 2024) [2025] MWHC 1 (22 January 2025)
Registrar rejects application for review due to improper signature, procedural non-compliance, and wrong forum for admissions.
  • Civil procedure — rejection of documents; signature by named legal practitioner required; notice of change of legal practitioner (Order 33); sworn statement formalities (Order 18); jurisdiction for admissions — Chief Justice; abuse of court process; Rules Orders 5, 18, 25.
22 January 2025