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All courts - 2026 February

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10 judgments
February 2026
Hastone Ngwenya v Stephano Mikele & Another (Personal Injury Cause 481 of 2017) [2026] MWHC 43 (27 February 2026)
27 February 2026
The State (On the application of the Malawi Electoral Commission) v The President of the Republic of Malawi (Judicial Review Cause 2 of 2026) [2026] MWHCCiv 5 (27 February 2026)
27 February 2026
The State (On the Application of The Malawi Electoral Commission) v President of the Republic of Malawi (Judicial Review Cause 2 of 2026) [2026] MWHCCiv 13 (24 February 2026)
Judicial review application dismissed for being filed out of time; respondent affidavit held incurably defective; referral refused.
  • Administrative law — Judicial review — Time limits — Promptness and three‑month rule under Order 19 Rule 20(5)-(6) — Extension only for good reason
  • Civil procedure — Affidavits — Jurat defects — Incurable inconsistent/omitted dates render affidavit ineffectual; not curable under Order 18 r18-19 and Oaths, Affirmations and Declarations Act s10
  • Procedure — Constitutional certification — No proceeding to refer to Chief Justice under Courts Act s9
24 February 2026
Mousa Shoaib (and 67 Ors.) v The Registered Trustees of the Muslim Association of Malawi and Idrissa Matemba Muhammad (Civil Cause 118 of 2021) [2026] MWHCCiv 7 (20 February 2026)
20 February 2026
The State (on Application by Meridian Commodities Ltd) v The Registrar General (as Commissioner for Stamp Duty as Registrar of the Personal Property Security Registry) (Judicial Review Case 1 of 2024) [2026] MWHC 45 (19 February 2026)
19 February 2026
Stansfield Motors Limited v Yamaha Motor Company Limited & 5 Ors. (Commercial Cause 8 of 2024) [2026] MWHC 9 (18 February 2026)
18 February 2026
The State (On the application of Oscar Asima Taulo and Hillary Chilomba) v The Office of the Ombudsman (Judicial Review Cause 4 of 2025) [2026] MWHCCiv 4 (16 February 2026)
An Ombudsman may investigate anonymous whistle‑blower complaints and lawfully construe statutory qualification requirements in recruitment.
  • Ombudsman jurisdiction — anonymous complaints and whistle‑blower protection (s12A); maladministration in public recruitment; statutory interpretation of qualifications (s6(5) Corrupt Practices Act); separation of powers and administrative oversight.
16 February 2026
The State [on Application of Major Blessings Kakhuta Banda & 2 Ors. v The Chief Secretary to the President and Cabinet (Judicial Review Cause 71 of 2025) [2026] MWHCCiv 2 (12 February 2026)
Whether the Chief Secretary lawfully seconded senior military officers — judicial review, s43 fairness and Public Service Act deployment rules.
  • Judicial review — amenability of executive actions; administrative justice — s43 right to lawful and procedurally fair administrative action and reasons; ultra vires and Wednesbury unreasonableness — Public Service Act (s10) deployment requirements; separation of powers — High Court jurisdiction under s108(2); duty of candour in judicial review.
12 February 2026
Mwansambo and 130 Others v Eshani Products Limited (IRC MATTER NUMBER 570 OF 2024) [2026] MWIRC 29 (9 February 2026)
Conversion of permanent contracts to fixed‑term without genuine consultation amounted to unfair dismissal; severance underpaid and PAYE unlawfully deducted.
  • Labour Law
    • — Dismissal/Termination — Whether conversion of unspecified‑period contracts to fixed‑term amounts to termination and unfair dismissal
    • — Operational Requirements — Burden on employer to prove genuine, evidenced operational necessity for termination
    • — Severance/Taxation — Whether severance allowance is compensatory (non‑taxable) and whether PAYE deductions from severance are lawful
9 February 2026
Rev. Duncan Kananji v Registered Trustees Of The Church Of Central Africa Presbyterian, Blantyre Synod (MATTER NUMBER IRC 79 of 2026) [2026] MWIRC 6 (9 February 2026)
Parties must exhaust internal church remedies and arbitration; court cannot grant reinstatement as urgent interim relief.
  • Employment dispute — arbitration clause — enforceability despite contract expiry — requirement to exhaust internal (church) remedies including Synod/General Assembly — court lacks jurisdiction to grant reinstatement as urgent interim relief
9 February 2026