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Principal Registry - 2026

4 judgments
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4 judgments
June 2026
Central East Africa Railways Limited v Christina Chithila and Others (High Court Civil Appeal No. 13 of 2021; MSCA Civil Appeal 1 of 2026) [2026] MWSC 5 (25 June 2026)
Discrimination must be properly pleaded and proved; unfair dismissal affirmed; compensation to be reassessed excluding discriminatory awards.
  • Labour Law
    • — Discrimination — Pleading and proof — Requirement to plead and prove discrimination
    • — Dismissal — Unfair dismissal — Assessment of compensation and prevention of overcompensation
  • Civil Procedure — Appeals — Cross-appeal via notice to vary — Procedural competence and inchoate judgments
25 June 2026
May 2026
Hendrix Laher and Another v the Director of Public Prosecutions (Being High Court, Judicial Review Cause No. 37 of 2025; MSCA Miscellaneous Civil Application 35 of 2025) [2026] MWSC 3 (13 May 2026)
Court vacated interlocutory stay challenging DPP discontinuation, finding no risk of irreparable harm to preserve the appeal.
  • Constitutional law — Prosecutorial discretion — Whether the Director of Public Prosecutions is bound by recommendations of the Legal Affairs Committee of Parliament
  • Civil procedure
    • — Judicial review — Leave to apply for judicial review and discharge of leave — Whether a negative order discharging leave necessitates a stay of execution
    • — Stay of execution — Discretionary relief — Requirement to show risk of irreparable harm or that appeal would be rendered nugatory
13 May 2026
Press Corporation Plc v Benard Ndau and Others (Being High Court of Malawi, Miscellaneous Civil Appeal No. 24 of 2025; MSCA Miscellaneous Civil Application 42 of 2025) [2026] MWSC 4 (12 May 2026)
SCA may hear stay pending High Court appeal and substituted a MK200,000,000 bank guarantee for 75% upfront payment.
  • Civil procedure — Stay of execution — Stay pending appeal — Jurisdiction of Supreme Court to entertain stay applications concurrent with High Court — Protection of interests where large awards involved
  • Constitutional law — Access to courts and equality — Right to effective remedy and non-discrimination — Limits on jurisdictional exclusion of applicants
12 May 2026
April 2026
James Makhumula v Malawi Electoral Commission and Another (Being Election Petition No. 69 of 2025 before the High Court, Civil Division; MSCA CIVIL APPEAL No.6 of 2026) [2026] MWSC 1 (28 April 2026)
Production of official electoral documents raises a prima facie case, shifting evidential burden to the electoral commission; failure to explain irregularities voids the election.
  • Electoral law
    • — Evidence — Burden of proof as to authenticity of statutory electoral documents — Production of Form 18B raises prima facie case and shifts evidential burden to electoral commission
    • — Conduct of elections — Recording and authentication requirements — Irregularities affecting figures/words and signatures vitiate election — Elections Act s101(3)(b)
28 April 2026