Contract Law – MalawiLII

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7 documents

Title	Date
GM Plastics Industry Limited v Shamrock Group Of Companies Limited (Commercial Cause 327 of 2018) [2025] MWHC 25 (26 November 2025) Claimant proved agreement for Malawi Kwacha equivalent compensation referenced to US$25,000; quoting foreign currency as reference not illegal. Contract — agreement to pay Malawi Kwacha equivalent of foreign currency — reference currency permissible; Civil procedure — burden and standard of proof on balance of probabilities; Evidence — adverse inference from failure to call material witnesses; Exchange control — quoting or indexing to foreign currency does not per se constitute illegality.	Judgment	26 November 2025
Msyali v Malawi Housing Corporation (IRC MATTER 99 of 2024) [2025] MWHC 11 (25 April 2025) Accrued annual leave cannot be forfeited; employer must pay untaken earned leave on termination. Employment law – Annual leave – Employer’s duty to grant leave; employee’s duty to take leave – No statutory forfeiture of accrued earned leave – Contractual clauses purporting to forfeit accrued leave void – Entitlement to payment for accrued untaken leave on termination (sections 44 and 45, Employment Act).	Judgment	25 April 2025
Kasuma v Micro Loan Foundation Ltd (IRC MATTER 610 of 2016) [2025] MWHC 7 (3 February 2025) Exit agreement signed under economic duress: dismissal unfair; applicant entitled to compensation and remedy hearing. Employment law – Unfair dismissal – Mutual release/exit agreement vitiated by economic duress; procedural fairness in disciplinary process; employer’s burden to prove valid reason for dismissal; compensation remedy.	Judgment	3 February 2025
Mtokoma, Mailosi, Chitawira, Mtungama v College of Medicine Sports Complex (IRC MATTER 593 of 2020) [2025] MWHC 6 (3 February 2025) Dismissals for operational requirements without consultation were unfair; applicants entitled to compensation. Employment law – unfair dismissal – operational requirements/retrenchment – statutory consultation requirement – justice and equity (s.61 Employment Act) – funding contingency clause – contractual notice period – compensation assessment.	Judgment	3 February 2025
S (On The Application of Mr. Godfrey Itaye & 15 Others) v Office of Ombudsman & MACRA (Judicial Review Cause 23 of 2021) [2025] MWHCCiv 1 (31 January 2025) The Ombudsman lacked jurisdiction to investigate an anonymous complaint; resulting employment nullifications were set aside and benefits ordered. Ombudsman jurisdiction — section 123(1) Constitution — anonymous complaints — requirement that a person who has suffered injustice lay complaint; judicial review of Ombudsman determinations; nullity of unlawful directives; compliance by public authority; reinstatement and terminal benefits; costs each party.	Judgment	31 January 2025
Wandawanda v Standard Bank PLC (IRC MATTER 752 of 2020) [2024] MWIRC 11 (1 November 2024) Employer breached its redundancy policy and failed to meaningfully consult, rendering the dismissal unfair and attracting compensation. Employment law – redundancy and retrenchment – s.57(1) Employment Act – duty to consult where employer’s terms/policy require it – relevance of ILO Termination of Employment Convention No.158 and Ministry of Labour guidelines – procedural fairness, meaningful consultation and use of proper evidence – unfair dismissal and compensation.	Judgment	1 November 2024
Far Stationery v Malawi Posts Corporation (44 of 2016) [2018] MWHC 1342 (24 October 2018) Claim dismissed: no proved contract, LPOs were forged and the employee lacked authority to bind the defendant. Contract formation — offer and acceptance — proof of agreement; Public procurement — RFQ/open tender requirements for high‑value contracts; Forgery — forged LPOs are nullities; Agency — actual and ostensible authority; Burden of proof.	Judgment	24 October 2018