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All courts - 2026 January

13 judgments
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13 judgments
January 2026
Prima Fuels Limited & Attorney General (Ministry of Finance and Economic Planning) v Total Malawi Limited & Total Limited (Commercial Cause 259 of 2019) [2026] MWCommC 1 (29 January 2026)
Court holds domestic jurisdiction prevails; fresh arbitration and foreign proceedings restrained as abuse of process.
  • Commercial law — arbitration clause — stay of proceedings — section 6(1) Arbitration Act — jurisdiction after Supreme Court of Appeal order — anti-suit injunction — forum shopping — competence of procedural application under CPR 2017.
29 January 2026
Ramuzani Juma Mahommed v Malawi Electoral Commission and Another (Election Case 70 of 2025) [2026] MWHCCiv 17 (29 January 2026)
A stay filed under incorrect rules is incompetent; election urgency does not excuse procedural non‑compliance.
  • Civil Procedure
    • — Stay/Suspension of Judgment — Proper procedural basis and applicable rules — Courts (High Court) (Civil Procedure) Rules Order 28 Rules 48–50 — Supreme Court Rules inapplicable to High Court proceedings
    • — Inherent Jurisdiction — Invocation where specific statutory procedure exists — Not to be used in lieu of prescribed rules without solid cause
    • — Curative Powers — Order 2 Rule 2/3 — Irregularities may be cured but good cause required; urgency alone insufficient
29 January 2026
Takondwa Karen Chirwa Munthali v The Medical Council of Malawi, Lilongwe Adventist Hospital and Dr Mena Seifu Sisay (Civil Appeal 45 of 2024) [2026] MWHCCiv 1 (29 January 2026)
High Court remitted a medical disciplinary case for fresh inquiry due to an incomplete and inadequate record.
  • Medical disciplinary proceedings — statutory requirement to record proceedings and reasons (s48(5) Medical Practitioners and Dentists Act) — incomplete/inconsistent record — adequacy of minutes vs verbatim record — appellate review limited by deficient record — referral for fresh inquiry — issues of informed consent, negligence and gross incompetence considered but not determined on merits.
29 January 2026
DLP Malawi Limited v Tamando Lama Chokotho (Commercial Cause 131 of 2025) [2026] MWCommC 3 (27 January 2026)
An arbitration clause expressly excluding the escrow agent prevents the applicant from obtaining a stay pending arbitration.
  • Arbitration — Stay of proceedings under s.6 Arbitration Act — Arbitration clause in escrow agreement — Clause expressly excluding escrow agent — Interpretation of exclusion clause — Readiness and willingness to arbitrate required as evidentiary burden.
27 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
Anne Debre Mumba v the Republic (Homicide Criminal Case No. 157; MSCA MISC Criminal Application No. 4 of 2025) [2026] MWSC 2 (13 January 2026)
13 January 2026
In the Matter of the Admission of Violet Thokozani Machika and In the Matter of Legal Education and Legal Practitioners Act (Admission Cause Number 225 of 2025) [2026] MWHCCiv 6 (8 January 2026)
8 January 2026
Press Agriculture Limited v Annie Kachepa Phiri t/a Langa Investments (Commercial Cause 297 of 2025) [2026] MWCommC 2 (6 January 2026)
Stay refused because contract's "arbitration" clause only required negotiation, not binding arbitration.
  • Arbitration law — stay of proceedings — clause headed 'ARBITRATION' construed as negotiation clause — heading cannot override clear substantive wording — requirement of valid arbitration agreement under s.6(1).
6 January 2026
George Chikopa & 3 Others v ESCOM Limited (IRC MATTER 353 of 2021) [2026] MWIRC 1 (5 January 2026)
5 January 2026