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162 judgments
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162 judgments
January 2024
Kachembere v Mulasa (Land Cause 137 of 2023) [2024] MWHC 32 (22 January 2024)
Court set aside a without-notice injunction after the claimant failed to comply with filing, service and attendance conditions.
  • Civil procedure — interlocutory injunctions — without-notice orders — inherent power to set aside/discharge suo motu — non-compliance with terms (filing, service, attendance) — Order 10 r.27 — overriding objective.
22 January 2024
Telekom Networks Malawi Plc v Commissioner General of Malawi Revenue Authority (Revenue Appeal Cause No. 2 of 2021) [2024] MWHCRev 1 (19 January 2024)
E-money services by a non-bank are not banking services and are not VAT-exempt under section 20.
  • Tax Law — Value Added Tax — Banking services — Whether e-money services provided by a non-bank e-money service provider qualify for VAT exemption under section 20 of the VAT Act
  • Payment Systems — E-money Regulation — Scope of e-money services — Whether non-bank e-money service providers may conduct banking business, accept deposits, or charge interest — Payment Systems (E-money) Regulations regs 5(3), 5(4), 5(7) and Banking Act s3
19 January 2024
Kajao v Mwambucha and 2 Others (Civil Cause 73 of 2019) [2024] MWHCCiv 5 (17 January 2024)
Widow and children entitled to occupy customary land; Msudzulo cannot lawfully deprive them of inheritance or possession.
  • Customary law — Msudzulo ceremony — customary practice versus constitutional rights; Inheritance on customary land — Deceased Estates (Wills, Inheritance and Protection) Act — immediate family entitlement; Proof and admissibility — requirement of sworn verification for pleadings; Procedural dismissal of counterclaim.
17 January 2024
Nthala v Malawi Airlines Limited (IRC MATTER 483 of 2023) [2024] MWIRC 6 (17 January 2024)
Respondent’s internal negligence or poor communication does not justify setting aside a default judgment or staying its execution.
  • Industrial Relations Court — default judgment — service of process — setting aside default judgment — stay of execution pending appeal — burden to show special circumstances — internal negligence not sufficient — assessment of compensation to proceed.
17 January 2024
R v Chilima (Criminal Case 10 of 2023) [2024] MWHCFin 6 (12 January 2024)
Court orders in‑chambers inspection of classified Defence documents; dismisses time‑barred breach‑of‑trust counts under section 302A.
  • Criminal procedure — disclosure vs national security — in-camera judicial inspection of classified Defence Council/MDF documents; public interest immunity; right to fair trial and disclosure obligations; particulars of bribery charges (unspecified amounts) — not fatal; statutory limitation — section 302A CP&EC — strict construction, time-barred misdemeanour counts discharged.
12 January 2024
Jumbe v Kasema and 1 other (MSCA Miscellaneous Civil Application 46 of 2023) [2024] MWSC 2 (11 January 2024)
Where no appeal is pending, the SCA will not entertain fresh injunction applications; section 4 and 10 bar relief against government.
  • Civil procedure — jurisdiction of the Supreme Court of Appeal to hear original interlocutory applications; Order 1 r.18 and s.7 SCA Act; distress for rent — adequacy of damages; injunctions against Government/public officers — s.10 and mandatory pre‑suit notice under s.4; equitable relief and clean hands rule.
11 January 2024
First Capital Bank Limited v Kanyika and Others (MISC Civil Application 64 of 2023) [2024] MWSC 4 (10 January 2024)
This Court lacked jurisdiction under Order I r18 to grant a stay of an IRC award governed by section 65(3) of the Labour Relations Act.
  • Labour Relations Act s65(3) — stay of execution — concurrent jurisdiction of IRC and High Court — Order I r18 SCA Rules — limits of Supreme Court of Appeal jurisdiction — requirement of statutory conferment of jurisdiction.
10 January 2024
Republic v Mwanamvekha, Kabambe & Mathanga (Criminal Case 19 of 2023) [2024] MWCommC 1 (9 January 2024)
Court discharged the 1st accused under section 247 CP & EC after the State conceded it had no evidence and could not proceed.
  • Criminal law — discharge of accused under section 247 CP & EC where prosecutor unable or unwilling to proceed — inapplicability of section 270 at substantive High Court trial — discontinuance power of DPP under section 77/section 99 — protection against prosecution without credible evidence.
9 January 2024
R v Mwanavekha and 2 Others (Criminal Case 19 of 2023) [2024] MWHC 28 (9 January 2024)
Applicant discharged under section 247 due to prosecutorial inability to produce evidence; court warns against prosecutions without evidence.
  • Criminal procedure — Discharge under section 247 CP & EC where prosecutor unable/unwilling to proceed; discontinuance as DPP's exclusive constitutional power; inapplicability of section 270 at substantive trial stage; prosecutorial duty to terminate prosecutions lacking credible evidence; abuse of process and protection of personal liberty.
9 January 2024
Energem Petroleum Limited v General Alliance Insurance Company Limited (Commercial Cause 316 of 2018) [2024] MWHC 13 (4 January 2024)
Court set aside stay of enforcement and issued a third‑party debt order against the respondent's bank for assessed costs.
  • Civil procedure — stay of execution of costs order — setting aside stay for inordinate delay and failure to prosecute review — third‑party debt order against bank — respondent's ability to repay — costs awarded to respondent.
4 January 2024
Jeffrey, Nankhumwa & Chazama v Mutharika, Mwale & Democratic Progressive Party (MSCA Misc. Application 65 of 2023) [2024] MWSC 1 (3 January 2024)
Interlocutory application dismissed for being improperly filed and premature without exhausting internal party dispute-resolution mechanisms.
  • Political party disputes — justiciability; exhaustion of internal remedies (Article 18) before judicial intervention; Supreme Court of Appeal jurisdiction — improper reliance on s.7 and Order I r.18; interlocutory judgments and appealability under s.21; interlocutory injunctions — procedural prematurity.
3 January 2024
Kandulo and Another v Avis Rent A Car Limited (IRC MATTER 89 of 2017) [2024] MWIRC 5 (2 January 2024)
Stay of execution pending appeal denied for lack of special circumstances and misleading conduct; costs awarded; enforcement ordered.
  • Civil procedure — Stay of execution pending appeal — applicant must show special circumstances; duly served party’s non-attendance and misleading affidavits negate entitlement to stay; costs may be awarded where motion is frivolous or dilatory.
2 January 2024