All courts - 2026 March

19 judgments

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19 judgments


March 2026
Ben Simbota v Nkhungudzu Publishers 2004 Limited (Commercial Cause 77 of 2023) [2026] MWHC 6 (31 March 2026)	31 March 2026
Electricity Supply Corporation of Malawi Limited v Shire Valley Bakery (Commercial Case 282 of 2020) [2026] MWHC 16 (26 March 2026)	26 March 2026
Mass Security Services v Malawi University of Business and Applied Sciences (Commercial Cause 469 of 2022) [2026] MWHC 7 (26 March 2026)	26 March 2026
Christian Zipangani v Save the Children International (Matter No. IRC 847 of 2021) [2026] MWIRC 2 (25 March 2026) A fixed-term contract ended on its date; withholding the applicant’s terminal benefits was unlawful absent a statutory deduction. Employment law — fixed-term contract — termination by effluxion of time — tacit renewal; withholding of terminal benefits — Employment Act ss 52 & 56 — permissible deductions limited to restitution for property damaged by employee; procedural fairness and adequacy of disciplinary findings; criminal acquittal corroborating civil/disciplinary insufficiency	25 March 2026
Frank Malunga and 563 Ors. v Illovo Sugar (Malawi) Plc (MATTER NUMBER IRC 935 of 2022) [2026] MWIRC 3 (25 March 2026) Overtime claims predating 7 September 2016 dismissed as statute-barred; only 2016–2022 period survives. Limitation law — section 4(1)(a) Limitation Act — contractual causes accrue at breach; continuing-breach doctrine not recognised in Malawian Limitation Act; period of six years applies to contract claims; pleadings — requirement of clarity and particularity in IRC proceedings; strike-out or amendment remedies available	25 March 2026
Joseph Chalamanda and Anor. v Polypack Limited (Matter No. IRC 191 of 2016) [2026] MWIRC 4 (25 March 2026) Redundancy dismissals without meaningful consultation are unfair; affected employees are entitled to compensation. Labour law — redundancy and operational requirements — duty to consult — fairness and equity in retrenchments — evidential burden on employer to show consultation and objective selection criteria — entitlement to compensation under s63(1)(c)	25 March 2026
Symon Mawindo t/a B&S Commodities v Sheldon Ngwira t/a Hash-Tech Construction & Anor. (Commercial Case 113 of 2024) [2026] MWHC 8 (25 March 2026)	25 March 2026
Thokozani Njima v Malawi Confederation Of Chambers Of Commerce And Industry (MATTER NUMBER IRC 372 of 2021) [2026] MWIRC 7 (25 March 2026) The court declined to assess the applicant's compensation because the deputy chairperson's award was unreasoned and legally defective. :[	25 March 2026
Thomson Muwa v Kelfoods Ltd (MATTER NUMBER IRC 185 of 2023) [2026] MWIRC 8 (25 March 2026) Applicant unfairly dismissed due to procedural ambush and absence of documentary evidence supporting alleged misconduct. Employment law — unfair dismissal — procedural fairness: right to know particulars and evidence — substantive fairness: need for documentary proof in stock/reconciliation disputes — burden on employer to justify dismissal	25 March 2026
Steve Chitsamba v Builders Base (MATTER NUMBER IRC 542 of 2020) [2026] MWIRC 9 (20 March 2026) Applicant's resignation was voluntary; constructive dismissal, severance and terminal-due claims were dismissed. Employment law — Constructive dismissal — resignation shortly after filing grievances; burden on employee to prove repudiatory conduct; timing of resignation; pension under-remittance due to former accountant's fraud and employer remediation; discrimination requires comparator evidence; late-raised PPE and loan-deduction complaints cannot ground constructive dismissal	20 March 2026
The State(On Application of Castel Malawi Brewery Ltd) v The Commissioner General of the Malawi Revenue Authority & Anor. (Judicial Review Cause 7 of 2024) [2026] MWHC 13 (19 March 2026)	19 March 2026
Madalitso Chika t/a Mortech IT Solutions v Blantyre Water Board (Commercial Cause 146 of 2024) [2026] MWCommC 6 (18 March 2026) Amendment to claim for statutory collection costs under new rules denied because the rules do not apply retrospectively to pending proceedings. Civil procedure — Amendment of pleadings — Application of subsequently enacted subsidiary legislation to proceedings already commenced — General Interpretation Act s 14(1)(a)	18 March 2026
Madalitso Chika t/a Mortech IT Solutions v Blantyre Water Board (COMMERCIAL CAUSE NUMBER 146 OF 2024) [2026] MWHC 21 (18 March 2026) Amendment seeking to apply collection-costs rules enacted after proceedings commenced cannot be allowed as retrospective. Civil procedure — Amendment of pleadings — Application of new subsidiary legislation to pending proceedings — Retrospective operation and General Interpretation Act s 14(1)(a) — Costs — Recoverability of statutory collection costs under Legal Education and Legal Practitioners (Remuneration) Rules 2025 — Non-retrospective application where proceedings commenced prior to enactment	18 March 2026
Stationers and Telesales Ltd v Save the Children (Commercial Case 66 of 2025) [2026] MWHC 14 (18 March 2026)	18 March 2026
Castel Malawi Ltd v Built Environs Ltd (Commercial Case 117 of 2023) [2026] MWHC 12 (12 March 2026)	12 March 2026
Annie Namagonya v Malawi Housing Corporation (Commercial Cause 252 of 2017) [2026] MWHC 11 (10 March 2026)	10 March 2026
Mabedi v Football Association Of Malawi (IRC MATTER NUMBER 1116 OF 2024) [2026] MWIRC 23 (9 March 2026) Court holds IRC has jurisdiction and finds the coach’s performance dismissal substantively and procedurally unfair. Labour Law — Jurisdiction — Court versus Sporting Arbitration — Whether arbitration clause/FIFA mechanisms oust Industrial Relations Court jurisdiction — Dismissal — Substantive fairness — Proof of failure to meet contractual performance targets — Employment Act ss 57, 61 — Dismissal Procedure — Right to be heard — Requirement of meaningful opportunity before discipline/termination	9 March 2026
Chikoko v National Oil Company Of Malawi Limited (IRC MATTER NUMBER 535 OF 2023) [2026] MWIRC 30 (2 March 2026) Early termination of a fixed‑term contract without valid reason or fair process amounted to unfair dismissal and unfair labour practice. Labour Law — Dismissal — Fixed‑term contract terminated early — Substantive and procedural fairness under Section 57 and Section 61, Employment Act — Unfair labour practices — Legitimate expectation arising from employer representations and conduct — Section 31 and Section 43, Constitution Administrative Law — Reliance on external determinations — Limits where the affected employee was not investigated and employer treated employee as validly appointed	2 March 2026
McJoe Kuyenda & 98 Ors. v Attorney General (State Residences) (Matter No. IRC 641 of 2022) [2026] MWIRC 5 (2 March 2026) Delay, lack of urgency, prejudice and security concerns defeated applicants' bid to restore discharged interim relief; pre-hearing conference ordered. Labour law — interim relief — restoration of discharged urgent interim order — delay and lack of urgency; non-appearance of respondent and unadopted opposing papers; prejudice and security considerations at State Residences; case management — pre-hearing conference; possible disposal on point of law	2 March 2026

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