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10 documents
Title
Date
Kadzamira v Sub Traditional Authority Kawere & 3 Others v Attorney General( Ministry of Lands) (Civil Cause 373 of 2020) [2025] MWHCCiv 15 (30 December 2025)
The claimant’s late-registered lease was void; earlier registered lease prevails and the trespass claim is dismissed.
Deeds Registration Act – mandatory registration period; late registration renders instrument void – priority of registration under s.8 Trespass – possessory tort; possession ordinarily sufficient but yields to superior registered title. Nemo dat quod non habet – unregistered surrender ineffective; re-grant by minister invalid if prior lease subsists. Res judicata – default judicial review judgment not a merits-based bar; identity of parties and merits required Limitation – bars affirmative claims but does not preclude defendants relying on historical title defensively Relief – interlocutory injunction vacated; court-directed survey to demarcate customary land boundaries
 Judgment 30 December 2025
AC(A Minor) acting through Litigation Guardian Mr CJ vs Solomon & 4 others (Civil Cause 162 of 2023) [2025] MWHCCiv 14 (28 October 2025)
A raped minor’s denial of abortion breached reproductive rights; law and guidelines require considering mental-health grounds for termination.
Gender Equality Act – right to sexual and reproductive health; Penal Code s243 – preservation of life includes mental health; vicarious liability of employer; duty to impart information; Minister’s duty to provide clear clinical guidance; Human Rights Commission enforcement obligations; access to lawful abortion for minors impregnated by sexual violence.
 Judgment 28 October 2025
Mbele v The Director of Public Prosecutions (Constitutional Case 2 of 2024) [2025] MWHC 20 (17 July 2025)
Criminal defamation provision struck down as an unconstitutional, disproportionate limit on freedom of expression.
Constitutional law — Freedom of expression — Criminal defamation — Section 200 Penal Code — Overbreadth, vagueness and chilling effect — Section 44 limitation test — Civil remedies as less restrictive means — Attorney General’s neutral role in constitutional referrals.
 Judgment 17 July 2025
Mbele v The Director of Public Prosecutions (Constitutional Case 2 of 2024) [2025] MWHC 21 (17 July 2025)
Whether criminal defamation (section 200) unjustifiably limits freedom of expression and must be struck down.
Criminal defamation – Freedom of expression (section 35) – Limitation test (section 44(1),(2)) – Proportionality and necessity – Civil remedies as less restrictive means – Chilling effect – Decriminalisation consistent with regional and international jurisprudence – Attorney General’s impartial role in constitutional referrals.
 Judgment 17 July 2025
Manda v Kamangila (Civil Case 114 of 2024) [2025] MWHCCiv 3 (12 January 2025)
Judgment 12 January 2025
Batatawala and Another v Director of Anti Corruption Bureau and Another (Constitutional Cause 1 of 2023) [2024] MWHC 19 (10 April 2024)
Retrospective application of the FCA was found by necessary implication but did not violate constitutional protections against conviction for non-offences.
Constitutional law – retrospectivity of statutes – Financial Crimes Act section 42 vs repealed MLA section 35 – interpretation of saving provision section 141(2) FCA – right not to be convicted for non-existent offence and protection against harsher retrospective penalties – procedural commencement via constitutional referral (Order 19 CPR).
 Judgment 10 April 2024
S v Minister of Homeland Security & Chief Immigration Officer (Ex Parte Joseph Nsabimana) (33 of 2023) [2023] MWHCCiv 42 (4 July 2023)
Applicant’s rush to appellate court was premature; lower court’s decision to hear matter inter partes was within its CPR case-management discretion.
Administrative law – judicial review – leave to apply and interim injunction – ex parte v inter partes hearings – case management discretion under CPR – balance of convenience and public interest in stays of administrative decisions.
 Judgment 4 July 2023
Chanthunya v S (Being Criminal Case No. 11 at the High Court of Malawi, Zomba Registry) [2021] MWHC 402 (14 July 2021)
The applicant's convictions were upheld on circumstantial evidence and call logs despite improper use of section 3 CP&EC.
Criminal law ircumstantial evidence dmissibility of call logs/business records alse police statement as perjury xtradition (s.21) ddition of lesser offences provable by extradition facts xclusion of illegally obtained evidence nd limited scope of s.3 CP&EC
 Judgment 14 July 2021
S v Lilongwe Water Board and Others ; Ex Parte: Malawi Law Society (Judicial Review 16 of 2017) [2017] MWHC 135 (21 April 2017)
Applicant challenged project implementation without mandatory EIA, obtained leave to seek judicial review and disclosure of project documents.
Environmental law – Environmental Impact Assessment (EIA) requirement – Environment Management Act s24 and GN No.58/1998 – public interest standing – locus standi of a statutory body – leave to apply for judicial review – interlocutory injunction in judicial review (urgency requirement for ex parte relief) – constitutional right of access to information (s37) – disclosure of project documents.
 Judgment 21 April 2017
Ex Parte: Nsabimana and Others ; S v Department of Poverty and Disaster Management Affairs and Another (Application No. 19 of 2006) [2008] MWHC 79 (17 April 2008)
Applicant challenged return-to-camp order; court held ID was not a residence permit and dismissed the challenge.
Refugee law – residence restrictions – identity card versus urban residence permit – standing – procedural fairness (s.43 Constitution) – discrimination (ss.20 & 44) – Article 26 reservation – ultra vires delegation – Immigration Act authority
 Judgment 17 April 2008