A. Demetriou Estate Ltd v Nombo
Estate Ltd Cause No. 2004 of 1995
Estate and Farm equipment lease. Sheds and equipment in a state of waste
and disrepair at the end of the lease. The Plaintiff obtained Judgment in
default and the matter came for assessment of damages. The defense sought to
have the Judgment set aside. The Judgment was set aside and the defendant
entered a defense.
ABC Cosmos Ltd v Cida Building
Contractors Cause No. 400 of 2003
Assessment
ADMARC v Bina Cause No. 713 of
2000
Application to vary ex parte mandatory injunction
Ali v Ali Cause No.3684 of
2002
Injunction Restraining Defendants from infringing Plaintiff's registered
Trade Mark
Alufandika v ENCOR Products Ltd Cause
No. 3828 of 200
Termination of Employment. Payment
American Stores Ltd v Attorney General Cause
No. 713 of 1994
Summons for an order for an
account for assets the Government of the Republic of Malawi seized under the
Forfeiture Act in June 1983.
American Stores Ltd v Attorney
General Cause 713 of 1994
Assessment
Apex Car Sales v Attorney General Cause
No. 3645 of 2001
Garnishee of
Government Funds
Anti Corruption Bureau v Apex Car Sales Cause
No. 81 of 2000
Application for leave to Apply for Judicial Review
Anti Corruption Bureau v Chinkhadze and
another Cause 19 of 2002
Appeal which the learned Judge reversed two Restriction
Notices the appellant had issued against the respondents pursuant to section
23(1) of the Corrupt Practices Act.
Apex Holding v Venetian Blind
Specialist Ltd Cause No. 1040 of 1994
Breach of Contract PVC material supplied failed to meet Malawi Bureau of
Standard test
Archibald v Archibald MSCA
Matrimonial Appeal No. 34 of 1995
Children Custody
Attorney General v Chihana (C) Civil
Appeal No. 50 of 2000
Appeal
against Originating Summon sought among other the declaration "whether
or not a President and/or Vice President who resigns from office before the
term of office runs out, is eligible to receive pension earned during the
period of service as President and or Vice President in accordance with section
82 of the Constitution"
Attorney General v Malawi Congress Party and others MSCA
Civil Appeal No. 22 of 1996
Declaration on a
number of constitutional issues: Quorum of Parliament, Right to property
Attorney General v Malewezi Civil
Cause No. 370 of 2004
Originating
Summon The issues raised were whether a
vacancy had arisen in the Office of the First Vice President when the defendant
went on leave or whether he had resign by conduct or by implication, the
President wish that the first Vice President should remain in office to assist
him in the running of the Presidential office and the Attorney General’s advise
that there was need to have an active First Vice President while the country
was preparing for General elections.
Attorney General v Misiska MSCA 42
of 1998
Determination the respondent's claim against the Malawi Government is a
matter that falls within the exclusive jurisdiction of National Compensation
Tribunal or under the ordinary jurisdiction of the High Court
Attorney General v Masauli (S G) MSCA
Civil Appeal No. 28 of 1998
Crossing the floor of Member of Pariament in terms of section 65 of the
Constitution when Member of Pariaments unilaterally declared themselves to
be Independent Members
Banda v Chakalamba MSCA
Civil Appeal No. 2 of 2001
Breach of Contract the respondent convinced the appellant and his club
that he had charms that would enable them to win a horse race
Banda and Another v Limbulo and Another Cause
No. 1148 of 2003
Assessment
Bata Shoe Company Ltd v Shore Rubber Ltd Cause
No. 3816 of 1999
Inter partes summons to determine whether to order an interlocutory
injuction.
Bauman Hinde & Co. Ltd v
David Whitehead & Son Ltd Cause No. 2107 of 1996
Bauman Hinde & Co. Ltd v David Whitehead
& Son Ltd MSCA Civil Appeal No. 17 of 1998
Application to set aside the registration of a foreign arbitration award
Bestobell Ltd v Shire Ltd Cause No.
1197 of 2003
Assessment
Blantyre Netting Co. v
Chidzulo MSCA Civil Appeal No. 17 of 1995
Termination of
Contract of Employment
Blantyre Newspaper Ltd,
Blantyre Print & Publishing v Nguluwe and others MSCA
Civil Appeal No. 19 of 1999
Damages for libel
Bhaman v Attorney General Cause
1660 of 1995
The
plaintiff owned a bluegum plantation at Nkhalamo in Chikwawa district. Between
1989 and 1991 Blantyre City Fuelwood Project, with the agreement of the
plaintiff, took over the plantation on condition that it would raise an
alternative plantation for him. Blantyre City Fuelwood Project failed to raise
an alternative plantation, has paid no compensation to the plaintiff, and the
plaintiff has suffered loss and damage.
Bondwe and Others v Ministry of
Education Cause No. 80 of 1997
Assessment of Damages Wrongful termination of employment
Brown v Brown
Matrimonial Cause No. 9 of 2002
Petition Dissolution of marriage. Suffered exceptional hardship
Candlex Ltd v Katsonga Cause
No. 680 of 2000
Motion
Candlex Ltd v Katsonga
Cause No. 680 of 2002 (2003 Judgment)
Management of a Company Establishment of group of companies -
Protection of minority shareholder
Candlex Ltd v Katsonga Cause No.
713 of 2000
Interim Injunction. Restrain the defendant remaining in Plot No. CC96
Candlex Ltd v Katsonga Cause
No. 680 of 2000
Assessment
Catauchea v Bakali and another Cause
No. 834 of 1996
Proceeding For the benefit of the family of the deceased, who collided
with the 1st Defendant's lorry
Chabuka v Banda
Matrimonial Cause No. 1 of 2001
Custody
Chabwera v Tuwiche Bus Service Ltd Cause
No. 2046 of 1995
Damages Wrongful and unlawful dismissal from employment
Chagwamnjira v Nation
Publication and another Cause No. 2438 of 200
Writ of Summons. Claiming for exemplary damages for libel allegedly
published. Order of injunction restraining the defendants from further
publishing the so called libelous article.
Chakuamba
and Others v Attorney General and Others Civil Cause No. 1B
of 1999
Appeal against
return of 1999 Presidential Election results
Chakuamba
and Others v Attorney General and Others MSCA Civil Appeal
No. 20 of 2000
Appeal against
return of 1999 Presidential Election results
Chakuamba v Chiona Cause
No.
Injunction Restraining Defendant holding purported parallel MCP
convention
Chakuamba v Tembo Cause
No. 2509 of 2001
Interim Injunction To restrain the Defendant acting or continuing
to act as President of Malawi Congress Party and Leader of the Opposition in
the National Assembly
Chasweka v Bashir Ishmael
Wholesalers Cause No. 2579 of 1999
Road Traffic Accident. Damages for personal injuries
Chauluka v Attorney General Cause
No. 429 of 2000
Motor Vehicle Accident. Action against the Defendant for damages for
Personal Injuries as the Plaintiff attributes the injuries occasioned to him to
the accident caused by Defendant's drivers's negligence
Chawinga and Another v Attorney
General Cause No. 97 of 2002
Assessment
Chikaoneka v Indefund Ltd Cause No.1155
of 1994
Trespass and Conversion Claiming for sewing machines that were seized
and sold by defendant
Chikaoneka v Indefund Ltd Civil
Appeal No.22 of 2001
Trespass and Conversion Claiming for sewing machines that were seized
and sold by defendant
Chikoko Trading Ltd v Farming &
Trading Co. Ltd Cause No. 3178 of 2000
Action questions the passing of title in respect of property
Chikumbanje v Indefund Ltd Cause
No. 340 of 2003
summons the
defendant want to dissolve an injunction the plaintiff obtained ex parte.
Chilambula v National Bank of Malawi Cause No.
1342 of 2002
Inter partes Application Vacate an ex-parte order of injunction,
restraining the defendant from selling Plaintiff's house
Chilibvumbo v GDC Haulage and another Cause
No. 462 of 2001
Motor Vehicle Accident The
plaintiff's claim is for K217,322.16 being repair expenses for damage to the
plaintiff's vehicle caused by the negligence of the driver, servant or agent of
the 1st defendant
Chilumpha v Chendawaka Family and another Cause
No. 984 of 2004
Injunction
Chimbayo v I & E Malawi Ltd Cause
No. 1635 of 1997
Wrongful and Consequently Ineffectual Dismissal Plaintiff claims for
salaries and damages
Chimenya v Machilika Cause
No. 1994 of 1996
Breach of Contract The Defendant failed to pay house purchase price
Chimpanzi v Attorney General Cause
No. 1713 of 1995
Assessment
Chingaipe an another v NICO and another Cause
No. 66 of 2000
Road Traffic Accident Claiming, inter alia, against the defendant,
general personal injuries sustained
Chipeta vs Neno Cause
No. 2463
Assessment of Damages Road traffic accident, Plaintiff got injured on
the left arm and left leg.
Chirwa v Blantyre Newspaper and
Another Cause No. 941 of 2003
Assessment
Chirwa v Juma and Another Cause No.
3794 of 2002
Assessment
Chiwanda v Attorney General Cause
3556 of 2002
Assessment of Damages Loss of dependency and Loss of expectation of life
Chongo v De Cabs Bus Service Cause
No. 2847 of 2002
Assessment
Civil Liberties Committee v Ministry of Justice and
Another MSCA Civil Appeal No. 12 of 1999
The
appellant commenced proceedings in the High Court for judicial review of the
decision of the Registrar General which -
1. Cancelled
the registration certificate of an organization called Chikonzero Communications;
2. Banned
the publication, printing and distribution of a newspaper know as The
National Agenda, and;
3. Ordered
that the printing, publication or distribution of The National Agenda would
be a criminal offence.
Coelho v Custodio Cause
No.
Injunction Continuation of the injunction restraining the Defendant from
selling or disposing of assets
Commercial Bank of Malawi v Mhango Civil
Appeal No. 8 of 2001
Damages Appeal Summary dismissal and defamation
Daudi v SUCOMA Cause No. 3191 of
2003
Interlocutory
injunction The defendant manufactures sugar and uses people like
Amina Daudi, the plaintiff, through standard contracts, to distribute sugar. On
1st April 2001 the plaintiff, trading as Amis Enterprises, and Sugar
Corporation of Malawi Limited concluded such a contract.
Dimon (Malawi) Ltd v Malawi Revenue Authority Cause
No. 1041 of 2002
Trial of Preliminary
Issues under Customs and Excise Act
Dzimbiri and others v Judicial
Service Cause No. 55 of 2001 Ex parte summons for
leave for Judicial Review
ESCOM v Phiri Civil Appeal No. 24
of 2001
Appeal to Revoke a Consent Order Property destroyed by fire
Fatchi v Principal Secretary for Commerce
Industries Cause No.168 of 2002
Judicial Review Aggrieved with decision made by 1st Respondent, who
granted a license to import sugar to Applicant and then cancelled
Finance Bank of Malawi Ltd v Tchongwe
Bankruptcy Cause No. 5 of 2001
Creditor's Bankruptcy Petition
Finance Bank of Malawi Ltd v Hanks Cause
No.108 of 1989
Appeal Determine a number of questions of law or construction
Finance Corporation of Malawi Ltd v
New Building Society Attoney General Cause No.3455 of
2001 Originating Summons Sale
of property was illegal
First Merchant Bank v
Lorgat Cause No. 3917 of 2002
Injuction to dissolve an ex parte injunction
Gawani v Majid and another
Cause No. 1723 of 2002
Assessment of Damages Road Traffic Accident Plaintiff
suffered an injury to right arm
Godileki and Another v Chinoy and
Another Cause No. 3318 of 2002
Assessment
Gondwe v Gondwe Cause
No. 26 of 2002
Appeal Marriage by cohabitation
Group Village Headman Kakopa
and others v Chilozi and another MSCA Civil No. 40
of 2000 Throne title
Hamdan v Finance Corporation of Malawi Cause
No. 3774 of 2001
Writ of Summon Seeking an order giving Plaintiff an equitable right to
redeem property which was put on charge in order to secure a loan
Harawa v Wheels of Africa (MW) Cause
No. 405 of 2001
Assessment of Damages Road Traffic Accident Plaintiff
vehicle damaged
Harawa v SUCOMA Cause No. 1418 of
1997
Wrongful and Unlawful Dismissal Claiming for loss of benefits and
damages
Hardware & General Dealers v Naura Cause
No. 1201 of 1993
Application Summary Judgement for money due
Harz Co. Ltd v National Seed Cotton
Milling Ltd Cause No. 2229 of 2001
Injuction Restrains the defendant from disturbing the Plaintiff activity
by trespassing on or defendant occupying certain premises earlier sub-let by
the same defendant to the Plaintiff
Hawkens Others v Mliner Cause
No. 3019 of 2003
Dissolving
Injunction. The plaintiffs and the defendant have residences in Sunnyside here
in the City of Blantyre. Other residents have resided there for forty-eight
years. The area is essentially residential, schools and a golf course are the
only public amenities. It was relatively quiet until the defendant, it appears,
rebuilt her residence into a restaurant, a discotheque and sundries. The
complex borders Mr. Hawken’s residence. It also appears the construction defied
Town Planning directions and prohibitions. The plaintiffs contend the defiance
premises on connections with the powers. The plaintiffs displayed
communications from the City Council showing resignation and powerlessness to intervene.
The plaintiffs mention the loud noises from music, revelers, expanded traffic
exuding from the premises. The residents complain that the expanded traffic has
increased the risk of accidents and may be a whole problem for residents. The
residents have, with little success, written the City Assembly and sought
police assistance.
Heyns v Demetriou Case No.
... of 2001
Application To set aside a foreign Judgement
Indefund Ltd v Saonda Cause
No. 276 of 2002
Originating Summons Defaulted repayments of loan
Industrias Metalurgicas Pecamona Sociedad
Animana vs Heavy Engineering Ltd MSCA Civil Appeal
No.14 of 2000 Breach of contract
Jamal v Jamal
Matrimonial Cause No. 1 of 1989
Petition Dissolve marriage on the grounds of cruelty
Kachale v Ashani MSCA Civil
No. 7 of 2000
Land leased to the Respondent was later leased to the Appellant
Kachingwe v Mtafu
Cause No. 1800 of 1995
Assessment of Damages Trespass of plot and Conversion of timber
Kafumba and Others
v The Electoral Commission and
Another Misc. Cause 35 of 1999
Public Broadcaster’s
duty on Election campaign coverage
Kajawo v MANEB Cause
No. 92 of 2001
Originating Summons
Kaleso v Naming’omba Tea Estate
Ltd Cause No. 3695 of 2000
Assessment
Kalinda v Limbe Leaf Tobacco Ltd Cause
No. 542 of 1995
Wrongfully
and unlawfully termination of employment the employer,
terminated Mr. Kalinda’s employment of 25 years. Except for one aspect,
parties agree on the facts. There is strident polarity on the legal
implications. The legal practitioners cited many decisions of this Court,
the Supreme Court and English courts on termination of employment. All
authorities are about employees’ rights under the Constitution, the Labour
Relations and the Employment Acts. Difficulties arise because legal practitioners
approached termination of employment from human rights under the Constitution
(and the laws made there under, the common law statutes) and international
conventions Malawi ratified.
Kalombe v Packaging Industries Malawi Ltd Cause
No. 1058 of 1997
Damages for conversion of Plaintiffs goods
Kampanje v Chakuamba Cause
No. 1841 of 2001
Contempt of Court
Kamphoni v Malawi Telecommunications Ltd Cause
No. 684 2001
Wrongfully and unlawfully termination of employment. Compensation and
terminal benefits
Kamuzu (Administrator of Deceased Estate) v Attorney
General Cause No. 1839 (A) of 1997
The
plaintiff’s claim is for an injunction restraining the Malawi Government by its
servants or agents from removing the perimeter fence on the plaintiff’s cattle
ranch, from trespassing on the said ranch and from in any way interfering with the plaintiff’s property rights on the
said ranch and from evicting the plaintiff and his servants or agents from the
said ranch and for declarations that such eviction, removal of the perimeter
fence and interference with the plaintiff’s property rights would be in
violation of the plaintiff’s constitutional rights to own property, to engage
in economic activity and not to have his property expropriated in peace time
and further that even in a state of emergency it would be unlawful to expropriate
such property without compensation.
Kamwana and Another v Shire
Highlands Hotel Cause No. 2152 of 2002
Assessment
Kamwendo v Stage Coach and another Cause
No. 840 of 1995
Damages Personal injuries suffered when omnibus overturned
Kanjanga v Attorney General Cause
No. 755 of 1994
Damages Unlawful detention and loss of property
Kanyenga and Others v Prime Insurance
Co. Ltd Cause No. 4089 of 2002
Assessment
Kapelemera v Duwe Motors Cause
No.1278 of 1998
Breach of Contract Sale of Motor Vehicle, which was not reasonably fit
for expressed purpose
Karonga Manufacture Association v DEMATT MSCA
Civil No. 17 of 1997
Damages for conversion
Kasema v National Bank of Malawi Cause
No. 2299 of 2001
Application To vacate an injunction the Plaintiff obtained
Katsonga v Candlex Ltd Civil
Appeal No. 2 of 2002
Appeal on an Interlocutory matter
Katsonga v Candlex Cause No. 3155 of
2003
Dissolving
an injunction. The plaintiff obtained ex parte on 3rd
December, 2003. The injunction compelled the defendant to allow the plaintiff
and his tenant to use the passage through the defendant’s premises to the
plaintiff’s warehouse. The plaintiff, it seems, relies on a right of way
enjoyed over adjacent land. The defendant wants to dissolve the injunction
because, the defendant alleges, the injunction was wrong in principle and the
plaintiff suppressed facts.
Katundu Haulage Ltd v Attorney General Cause
No. 2615 of 2000
Road Traffic Accident Plaintiff's tanker and trailer was involved in a
fatal accident
Katundu Haulage Ltd v Attorney General Cause
No. 12 of 2003
Contempt of Court Against Secretary to Treasury
Katupi v Namagonya Cause
No. 136 of 1997
Originating Summons Remove defendants as Administrators of deceased
estate
Kaundama v Attorney General Civil
Appeal No. 43 of 2000
Damages Appeal General damages for malicious prosecution, exemplary
damage for false imprisonment
Kaunde v Malawi Telecommunication Ltd Cause
No. 687 of 2001
Originating Summon Seeking reliefs and /or declarations against Malawi
Telecommunication Ltd
Khamisa v Attorney General Cause
No.565 of 1994
Damages Infringement of human rights, Infringement of right to privacy,
Trespass to property, Loss of honour and Defamation of character
Khembo v Weekly
Chronicle Newspaper Cause No. 3670 of 1998
Assessment
Knight Frank v Blantyre Synod and
another MSCA Civil Appeal No.38 of 2000
Breach of Contract assessment of damages
Kulisewa v Kulisewa Cause No.
3 of 2001
Petition Dissolution of Marriage on the grounds of cruelty and
desertion
Kupingana and another v Kanzamira Cause
No. 450 of 1998
Judgment Creditor Seeks an order declaring as absolute the garnishee
order nisi
Kynoch Optichem (Mw) Ltd v Demetriou Cause
No. 25 of 2001
Bankruptcy
Landed Property Agents v Singh Trust
Investment Cause No. 275 of 2002
Breach of Contract Sale of land
Lambat v Leyland DAF Ltd cause
3053 of 2002
Appeal ordering the
plaintiff cross-examine an officer of the defendant
Lapukeni v Mike Appel and Gatto Ltd Cause
No. 1188 of 1996
Assessment
Leasing & Finance Co. v
Green Car Hire Ltd Cause No. 1791 of 2002
Application to set aside Judgment
Lesotho Haps Development Co. (Pvt) Ltd v
Press & Shire Clothing Ltd and another Cause No. 1405 of
1996
Want of Prosecution Amend
plaintiff's name
Lever Brother v Chidzankufa Cause
No. 1385 of 2002
Claiming money owed by the defendant to the Plaintiff
Lihoma v Attorney General Cause
No.114 of 2001
Assessment of Damages Forfeiture and subsequent sale of house
Likoswe v Shire Bus Lines Ltd Cause
No. 556 of 2003
Assessment
Liquidator, Import and
Export v Kankwangwa and others Civil Appeal No. 52 of 2003
Fair labour
practices, jurisdiction of Industrial Relations Court to award interest on
judgment and legal collection costs.
Liwaza v Kasopa Cause
No.650 of 1997
Application Inquiring why Deputy Registrar's ruling was referred to a
Judge
Magola v Press Corporation Ltd Cause
No. 3719 of 1998
Wrongfully
and unlawfully termination of employment The employee, Mr.
Magola, sues for compensation after the employer, Press Corporation Limited,
terminated his employment on 13th May 1996. There is not much to the
case. The plaintiff’s employment’s termination occurs during change from the
Malawi Congress Party to the United Democratic Front and Alliance for Democracy
alliance governments and because of the Press Trust Reconstruction Act. The
plaintiff’s employment oscillated between passing the Act and judicial battles
in the High Court of Malawi and the Supreme Court of Appeal. The action arose
after the 1994 Constitution and before the Labour Relations Act and the
Employments Act. The Employment Act, of course, eased difficulties at common
law employment law. The Act, despite many useful and reasonable changes, cannot
apply retrospectively. The plaintiff, therefore, relies on constitutional human
rights provisions, specifically, the right to fair labour practice under
section 31, and international agreements binding on the Republic. The plaintiff
contends, and the defendant objects, that the termination was unlawful and
unfair.
Magombo v Magombo Cause
No. 23 of 2002
Divorce Appeal Married at custom
Maida v Maida and another Cause
No. 14 of 2003
Dissolve an
injunction that restrained the first defendant
from selling a portion of the estate to the second defendant.
Majeza v Farming and Engineering
Services Cause No. 478 of 1998
Breach of Contract Motor Vehicle sale
Majitha v Commercial Bank of Malawi Cause
No. 145 of 2002
Damages For conversion
Makalani v National Bank of Malawi Cause
No. 1491 2001
End of an Employment/Employee Relationship. Bone of contention is Severance
Allowance
Makawa v Indefund and another Cause
No. 1778 of 1994
Writ of summon Claiming money which represents the proceeds of an
insurance policy covering the risk of destruction of tobacco crop grown
Makuludzo v Attorney General Cause
No. 2273 of 2001
Assessment
Malawi Electoral Commission and Others v
Republican Party MSCA Civil Appeal No. 14 of 2004
Republican Party, a political party representing
its members and all members of what is known as the Mgwirizano Coalition
Grouping, sought the determination of the Court below on divers questions
pertaining to the forthcoming General Elections, namely:
“1) Whether the 1st
Defendant was correct in referring the issue of deployment by UDF of Government
resources to the Office of the President, instead of the 1st
Defendant taking steps to stop such deployment of public resources for
campaigning purposes.
2) Whether or not the
figure of 6,671,816 registered voters is probable and attainable for 2004
General Election, regard being had to Malawi’s population projection figures
reported by the NSO.
3) Whether the period
of verification from 26th to 30th April 2004 satisfied
the requirement for the purpose of verifying Voters Roll for all the polling
centres throughout the country.
4) Whether the period
after verification has not abridged the requirement that there should be 21
days from closure of the verification process to the first polling date, and if
so whether the abridgement process of the 21 days is not unlawful.
5) Whether MEC’s
decision in effecting such abridgement has not affected the rights of the
Plaintiffs and other stakeholders in view of the order of the Court in
Miscellaneous Civil Application No. 28 of 1999 between Gwanda Chakuamba vs
The 1st Defendant.
6) Whether the decision
by the MEC to designate monitors for independent candidates does not justify
designation of additional monitors for every presidential candidate, on each
Polling Centre.
7) Whether the election
would be free and fair without first addressing and correcting the
irregularities complained of before going to the poll.
8) Whether recent
admission by the Chief Executive Officer (Roosevelt Gondwe) that the Voters
Roll figure appears to be on the high side, and is likely to be reduced after a
clean-up process, does not demonstrate inefficiency and serious flaws in the
electoral process.”
Malawi Law Society and others v State and others Cause
No. 78 of 2002
Judicial Review Banning
all forms of demonstrations in relation to the constitutional amendment
Malawi Railways Ltd v Nyasulu MSCA
Civil Appeal No. 13 of 1992
Force retirement
Malawi Savings Bank v Kalombola Cause
No. 1394 of 1997
Application Defendant is seeking an order of the court to make provision
for living expenses to be covered by money enjoined by a mareva injunction from
being paid to the defendant
Malombe and Another v Chikho Cause
No. 3687 of 2001
Assessment
Mambala v Maganga and Others Cause
No. 214 of 2002
Action for Damages for trespass to property and for an injunction.
Restraining the defendant from interfering with the business of the 2nd
Plaintiff and with houses and property of the 1st Plaintiff.
Mananah v Southern Bottlers Cause
No.1151 of 2001
Appeal Granted application of Plaintiff for Judgment on admission. The
Plaintiff bought a bottle of Sprite drink, Immediately upon taking that drink,
the Plaintiff fell ill
Manda v Malawi Social Acton Fund Cause
No. 756 of 2003
Assessment
Mang'anda v Chikani Cause
No. 3054 of 2000
Originating Summon Seeking order for the removal of caution registered
by the defendant
Manyungwa and another v Finance Bank Cause
847 of 1999
Garnishee's Application To set aside the Garnishee order absolute
Manyusa v Police Service
Commission and Another Cause No. 101 of 2001
Assessment
Masonga v Sani Tyres Ltd Cause
No. 1119 of 2003
Assessment
Mataya v Securicor Malawi Ltd Cause
No. 3088 of 2000
Assault. Claiming damages for False Imprisonment, Personal Injuries,
Loss of Earning capacity
Matimba v Maonga and Another Cause
No. 3608 of 1999
Assessment
Mcheka v Robert Cause
No. 1748 of 2003
Assessment
Mbewe v Kaomba Cause No. 2199 of
2003
Assessment
Mdeza v Price Worth Wholesalers Cause
No. 2668 of 2002
Assessment
Mhango v AFORD Cause No. 3918 of
2002
Application To set aside default judgment
Mia v Malawi Post and Telecommunication
Corporation Cause No. 861 of 1998
Claim
Plaintiff for 15 percent collection charges or cost on a balance of a judgment
debt
Mikeyasi v Ching'amba and others Cause
No. 2726 of 1999
Damages for personal injuries, loss of amenities of life and loss of
earning capacity
Miteyani v Pree Bakeries Ltd Cause
No. 3434 of 2001
Assessment of Damages False imprisonment
Mjojo v Suleman and Another Cause
No. 1846 of 2003
Assessment
Mkandawire v University of Malawi Cause
No. 569 of 2000
Assessment
Mkhumbwe v National Bank of Malawi Cause
No. 2702 of 2000
Permanent Injuction Prevent Defendant exercise power to transfer a piece
of property
Mlombwa v Cotam Transport Cause
No.1890 of 1996
Damages Loss of use. It is alleged that the Defendant unlawfully
converted a vehicle for its own use
Mlotha v New Building Society Cause
No. 2539 of 2000
Application To dissolve an injunction Proscribe Defendant possessing,
selling or transferring a plot
Mpando v Mpando Matrimonial
Cause No. 14 of 1999
Petition Dissolve marriage on the grounds of adultery
Mpanga v Dzuka Publishing Co. Ltd Cause
No. 1272 of 2003
Assessment
Mpata v Attorney General Cause
No. 2468 of 2001
Assessment
Mphangazira v Attorney General Cause
No. 1464(A) of 1993
Road Traffic Accident Suing for damages when Plaintiff's minibus
collided with a motor vehicle of the Dept. of Customs and Excise
Mphonda v Mapando Cause
No. 741 of 2001
Assessment
Mpinganjira (B) v Chitakale Tea
and Coffee Estate Ltd Cause No. 682 of 2001
Recuse
Mpinganjira (B) v Lemani and another Cause
No. 222 of 2001
Contempt of Court
Mpinganjira (B) and others
v Speaker and another Cause No. 3140 of 2001
Inter Partes Application for Interlocutory Injunction
Mpinganjira (N) v State and
another Miscellaneous Civil Cause No. 63 of 2003
Judicial Review
Discharge of leave whether available in employment case
Mobil Oil Malawi Ltd v Scaranie Cause
No. 106 of 2000
Property Lease
Mobil Oil Malawi Ltd v Malawi Railways
and others Cause No. 3575 of 1999
Mandatory Injunction Property
Lease
Msofi v Peoples Trading Centre, Attorney General Cause No.1929
of 1996
Application Order to restore the action to the cause list
Mtika v Chagomerana Cause
No. 812 of 1991
Road Traffic Accident Claiming personal injury and to property
Mulauzi v Controller of Customes and Excise Cause
No.1591 of 1998
Interlocutory Injunction Defendant to deliver vehicle seized from
Plaintiff
Mungoni v DEMATT Cause
No. 686 of 2001
Originating Summons Seek Severance pay for termination of employment and
a finding that the said termination was wrongful or unlawful as well as a
determination that as susch the Plaintiff is entitled to compensation
Mutsinze v Attorney General Cause
No. 55 of 1993
Damages for Personal injuries. Plaintiff was shot in the arm and in the
belly during a riot at Nkolokosa in the run up to the referendum.
Mwachunda v Attorney General Cause
No. 1627 of 2003
Assessment
Mwakamogho v National Bank of Malawi Ltd
Cause No.681 of 2001
Application Defaulted on repayment on loan, Defendant sold house
Mwala v Malawi Law Society Cause
No. 2935 of 2000
Petition Remove conditions attached to the admission of the petitioner
Mwale v Sacranie Cause
No. 2627 of 1998
Mwambungu v Shalom Co. and others Cause
No. 553 of 2003 application
for an interlocutory injunction
Mwapasa and another v Stanbic Bank Ltd Cause
No. 110 of 2003
Application
for an interlocutory injunction. Mrs. Mwapasa, according to the
applicants’ and respondents’ affidavits, is David Whitehead & Sons (Malawi)
Limited’s Chief Executive Officer. She is, according to the respondents’
affidavits, an employee of ADMARC Investment Holdings Limited. ADMARC Investment
Holding Limited holds shares in David Whitehead & Sons (Malawi) Limited.
Mr. Fungulani is an employee of David Whitehead & Sons (Malawi) Limited.
Government, through ADMARC Investment Holding Limited, holds substantial
shares in David Whitehead & Sons (Malawi) Limited. In compliance with
privatization policy, Government intended and ended up, it appears, selling its
undertaking in David Whitehead & Sons (Malawi) Limited. The applicants, who
initially commenced the action under a writ, obtained an injunction on the
action which this Court subsequently removed. When the applicants pursued
judicial review proceedings against Government and the Privatization
Commission, this Court granted an ex parte injunction in that matter,
Miscellaneous Civil Application number 97 of 2003. The injunction stalled the
sale abiding the judicial proceedings. After that injunction, Stanbic Bank
Limited, a banker to David Whitehead & Sons (Malawi) Limited, who all along
observed the sale of government’s stake in David Whitehead & Sons (Malawi)
Limited, appointed Mr. Davies receiver and manager under a debenture where
David Whitehead & Sons (Malawi) Limited owes Stanbic Bank Limited over
K150, 000, 000. The applicants seek an injunction against Stanbic Bank
Limited’s appointment of a receiver and manager.
Mweluza v Attorney General Cause No.
1695 of 2002
Assessment
Myaba v United Democratic Front Cause
No. 2945 of 2003
Assessment
Mzunga v Plastic Industries Ltd Cause
No. 236 of 1995
Damages Plaintiff's left hand crushed at Defendant factory, then
amputated
Namata v Attorney General Cause
No. 658 of 1993
Damages for trespass
Nasser v Union Transport Ltd Cause
No.643 of 1998
Breach of Contract Damages for negligence, Recovery value of a
container, Loss of profit
National Bank of Malawi v Nawena Cause
No. 2671 of 2003
The defendant highlights some disputes of facts in
the affidavits to in support of his submission. First he cites the dispute as to whether the property was,
and if sold whether it was sold by public auction or not, and if by public
auction, when was the auction held.
He says there is inconsistency in the evidence filed by the plaintiff in
that some deponents say the auction sale was conducted on 14th February 2003
while others say it was on 17th February 2003. The defendant on the other hand says no auction of the
property was conducted at all. In
short, the defendant says no power of sale has been exercised by the plaintiff
in respect of the mortgaged property.
National Democratic Alliance v Thom Chiumia and
others Cause No. 58 of 2003 Application Defendants
seeking an order of court to vacate the interlocutory injunction restraining
the Plaintiffs calling themselves as a political party by the name National
Democratic Alliance
Nchiza and another v MTL and another Cause
1093 of 2002
Assessment of Damages Loss of use of motor vehicle
Ndau v Sapua Cause
No. 2733 of 1999
Damages Road traffic accident, Plaintiff's daughter was hit by motor
vehicle
Ndovi v UDF News Ltd Cause
No. 683 of 1997
Damages Libel publication
New Building Society v Malawi Housing Corporation Cause
No. 1132 of 2002
Claiming money Interest at normal bank lending rate
Ngosi v Munthali Cause
No.1 of 1996
Partnership Registration of business name be dissolved
Nguluwe v The Upper Shire
Diocese of the Anglican Church Cause No.2560 of 2002
Injunction
Restraining the Defendant from enthroning Bishop-Elect
Nguweni and Others v Attorney
General Cause No. 3310 of 1999
Assessment
Ngwira v The Editor, Daily Times Cause
No.325 of 1999
Damages Libel material published
NICO vs Mzimu and others MSCA
Civil Appeal No. 20 of 2001
Mini-bus accident Driver without appropriate driving licence
Njikho and Others v Shire Bus Lines Cause
No. 66 of 2002
Assessment
Njolomole v Banda Cause
No. 2173 of 1997
Assessment
Nkhoma and Others v
Council of the University of Malawi Misc. Civil Cause
No. 54 of 1992
Fair administrative
action
Nkhwazi v Commercial Bank of Malawi Ltd Cause
No. 233 of 1999
Wrongful and unfair dismissal arises
after many developments and useful commentaries in employment law in
Malawi. The action commenced several years after the 1994 Constitution
which introduced fundamental rights in this area and an Industrial Relations
Court. The Labour Relations Act effectuates the Industrial Relations Court and
changes labour or industrial relations significantly. The Employment Act,
passed recently, underscores requirements under binding international
instruments and developments under Employment Acts in England and Wales.
These developments, as we see shortly, introduce new approaches and thinking in
Malawian employment law and industrial relations.
Norse International Ltd v Franzel and
another Cause No. 201 of 1995
Nseula v Attorney General and another Cause
No. 63 of 1996
Petition Speaker declared Plaintiff's constituency seat vacant
Nseula Fred v Attorney General and
another MSCA Civil Appeal No. 32 of 1997
Preminary Objections
Ntafu v Finance Corporation of Malawi Cause
No. 3143 of 2000
Injunction. To restrain the defendant by itself, its servant or agents
or otherwise howsoever from seizing or selling or taking possession of the
Plaintiff's land
Ntaja and another v Blantyre City Assembly Cause
No. 832 of 2000
Interlocutory Injunction - Restrain the defendant from withdrawing from
the Plaintiff's motor vehicle sale
Nyeliwa and Others v Attorney General Cause No.
1004 of 2003
Assessment
Nyirenda v Attorney General Cause No
1705 of 1993
Damages Inducement of breach of contract
Nyirenda v Pride Africa Cause
No. 3646 of 2001
Assessment
Oil Company of Malawi v Jumbe Cause
No. 920 of 1997
Declaration, Injunction and Damages For trespass
Okeke v Minister of Home Affairs and
another Cause No. 73 of 1997
Deportation Plaintiff's husband was deported
Patel v Mlombe Cause
3576 of 2002
Order Interest on the Judgment debt
Paul v Benjamin Cause
No. 1204 of 2002
Phekani v Phekani (Deceased) Cause
No. 1533 of 1994
Application Court records be introduced as part of evidence
Phiri v Ndasowa Cause
No. 2424 of 2003
Assessment
Phiri v Attorney General Cause
No. 2790 of 2003
Assessment
Phoso v Wheels of Africa (Malawi) Ltd.
Cause No. 1792 of 1995
Wrongful and unfair dismissal. In this action
Mr. Phoso, an employee, sues Wheels of Africa (Malawi) Ltd, his
employers. The defendants, Wheels of Africa (Malawi) Ltd, employed Mr.
Phoso in 1988 and terminated the plaintiff’s employment in 1995. When Wheels of
Africa (Malawi) Ltd terminated the employment, Mr. Phoso was working in
Mombassa, Kenya, for Wheels of Africa (Kenya) Ltd. The effect of Mr.
Phoso’ working for another subsidiary company in Kenya is contested. Just as
there is a dispute about who terminated Mr. Phoso’s employment. Both Wheels of
Africa (Malawi Limited) and Wheels of Africa (Kenya) Limited are, at least
were, companies of a larger company or companies named, on documents in court,
Wheels of Africa Limited or Sabot Haulliers. Two things concerning the
plaintiff’s action happened in the bigger company simultaneously.
Pindani v Mdumuka and
Another Cause No. 2442 of 2003
Assessment
Piyano v Chipunga and another. Cause No.
1254 of 2001
Assessment of Damages Road Traffic Accident Plaintiff's
father died after being hit by a vehicle
Plastico Industries Ltd v State and another Cause
No. 40 of 2002
Application for a vacation of the Order of Stay
Preferential Trade Area Bank v ESCOM and others Cause
No. 2000
Applications Loan
agreement between PTA and ESCOM and Malawi Government that was exceedingly
overdue. The contest is because Mbendera, Chibambo & Associates, legal
practitioners for the Preferential Treatment Area Bank, claim costs despite
that the parties compromised the action. Mbendera Chibambo & Associates
want this Court to order the defendants to pay to them, not the Preferential
Trade Area Bank, to cover their solicitor to client costs.
President of
Malawi and Another v Kachere and Others MSCA Civil Appeal No. 20 of
1995
Suits
against the President and Speaker of the National Assembly.
Press Farming Ltd v Issat and others MSCA No.
1 of 1997
Damages False imprisonment, slander and malicious prosecution
Public Affairs Commission v Attorney
General and anothert Cause No. 1875 of 2003
Originating Summons complaining
that Section 65, as amended, is unconstitutional and invalid and calling on
this Court to so declare the said amendment unconstitutional and invalid.
Registered Trustees of
Christian Service Committee v Manadala Building Construction Co. Ltd MSCA
Civil Appeal 9 of 1999 Termination of contract
Republican Party v Malawi Electoral Commission
and Others Constitutional Case No. 5 of 2004
Originating summons at the instance of the
plaintiff in which the plaintiff seeks the determination by the Court of the following questions:
1. Whether the 1st
defendant was correct in referring the issue of deployment by UDF of government
resources to the Office of the President, instead of the 1st
defendant taking steps to stop such deployment of public resources for campaigning purposes.
2. Whether
or not the figure of 6,671,816 registered voters is probable and attainable for
2004 general election, regard being had to Malawi’s population projection
figures reported by the National Statistical Office.
3. Whether the period
of verification from 26th to 30th April, 2004 satisfies
the requirement for the purpose of verifying voters roll for all the poling
centres throughout the country.
4. Whether the period
after verification has not abridged the requirement that there should be
twenty-one days from closure of the verification process to the first polling
date, and if so, whether the abridgment of the twenty-one days is not unlawful.
5. Whether Malawi
Electoral Commission’s decision in effecting such abridgment has not affected
the rights of the plaintiff and other stakeholders in view of the order of the
Court in Miscellaneous Civil Application No. 29 of 1999 between Gwanda
Chakuamba and the 1st Defendant.
6. Whether the decision
by the Malawi Electoral Commission to designate monitors for independent candidates
does not justify designation of additional monitors for every presidential
candidate on each polling centre.
7. Whether the election
will be free and fair without first addressing recent admission by the Chief
Elections Officer Roosevelt Gondwe that the voters roll figure appears to be on
the higher side and is likely to be reduced after a clean-up process does not
demonstrate inefficiency and serious cause in the electoral process.
In the summons the plaintiff has sought
reliefs that the Court do give the following or such orders, declarations and
directions as may be just and expedient in the circumstances including:
(i) An order that the 1st
defendant’s decision should fix time for inspection and verification for the
period from 26th to 30th April as adversely affected the
rights of the plaintiff and other stake holders to inspect the voters register
within twenty-one days from the date before the polling date.
(ii) The abridgment of
the twenty-one days from the end of the verification to the polling day
occasioned by the 1st defendant in consideration of section 31 of
the PPEA is unlawful.
(iii) That the 1st
defendant has failed to discharge his constitutional duty imposed by section
76(2) paragraph (d) of the Malawi Constitution in that it has failed to comply
with statutory provision of section (8)(i)(m) of the enabling Act.
(iv) An order that adequate
time for verifying the voters rolls can be accorded to enable the plaintiffs
exercise their rights to fully and completely verify voters rolls.
(v) An
order requiring the 1st defendant to justify the figure of 6,671,816
for registered voters.
(vi) An order that time for
presenting names and particulars of monitors to man the presidential candidates
voting polling centre be designated.
(vii) A declaration that the Malawi
Electoral Commission has failed to take measures and to do such other things as
are necessary for conducting free and fair election.
The 2nd and 3rd
defendants be ordered not do deploy government financial, material or human
resources for promoting its interest or undermining the plaintiff during this
campaign period.
Rimon Supplies v Prime Insurance Cause
No.106 of 1998
Fire Policy
Ronald v Dr. Ntafu Cause No.
3098 of 2001
Assessment
Royle v Royle
Matrimonial Cause No. 10 of 2002
Petition Divorce
Sakala v The Registered Trustees
of The Designated School Board Cause No. 2652 of 1999
Discrimination When the Defendant implemented new resolutions to revolve
school's operations
Sasol Polymers v Malawi Development Corporation Cause
No. 274 of 2002
Application to settle Judgment Debt through payment of Installments
Satehzan Lts v Mobil Oil Cause
No.3456 of 1999
Application Discharge an ex parte interlocutory injunction requiring
Defendant to vacate filling station premises
Saulosi v Malawi Housing Corporation Cause
No.349 of 1993
Tenant Lease Agreement
SGS Malawi Ltd v Ministry of Finance Misc.
Civil Application No. 40 of 2003
Judicial Review Government decision to award contract
Shire Ltd v Rimo Supplies Cause
No. 1488 of 1999
Interpleader Application Motor vehicle wrongly seized by the Sheriff
Simika v Prime Insurance Co. Ltd Cause
No. 4087 of 2002
Assessment
Simiyoni v Kanyatula MSCA 38
of 1997
Breach of Contract sale of a truck
Sinalo v Administrator General Cause No.
1209 of 1999
Appeal The Plaintiff is the widow of Felix Sinalo who died
on 26th December, 1994. Prior to his death the two of them had
developed a highly successful venture known as Famba Furnitures with its production factory at Chitawira in
Blantyre and show rooms at the trade fair grounds Blantyre, and in Lilongwe. In
order to resolve competing claims to the Estate, she initiated a Court action
for its proper administration under High Court Civil Cause Number 544 of
1995. The High Court appointed the Defendant interim Administrator of the
estate for purposes of protecting it until the distribution of assets. Before
the Defendant acquired control of the estate, an inventory covering the contents
of the factory, including the stock in trade, machinery, office equipment and
other conveniences for workers and management was prepared. During the period
the Defendant was in control of the estate, the Plaintiff on several occasions
informed him through her lawyers that Famba Furniture was being vandalized.
Despite the police also confirming the vandalism with him, he disregarded the
complaints and did not take any steps to secure the premises.
Sitima v Ace Agencies Ltd abd another Cause
No. 116 of 2001
Damages for Loss of Motor Vehicle
Somanje v Somanje and others MSCA
Civil Appeal No. 29 of 1999 Administration in the Deceased Estate
Stanya v Kutama Cause
No. 14 of 2002
Appeal Appellant not satisfied with matrimonial property distribution
State and another v Phiri
Miscellaneous Civil Cause No. 89 of 2002 Judicial Review False Motor
Vehicle value declaration
State and others v Malawi
Law Society and others Cause No. 78 of 2002 Ex-parte
Application Order of injunction and Notification discharged on grounds of irregularity
Tanna v Sanga Cause
No. 2018 of 2003
Assessment
Tembo (J Z U) and another v Attorney
General Cause No. 4180 of 2002
Tembo (J Z U) and another
v Attorney General Civil Appeal No. 50 of 2003
Originating summons the plaintiffs sought the determination of this Court
on a number of questions.
Tembo (J Z U) and another v Attorney General MSCA
Civil Appeal No. 27 of 2003
Appeal against
the decision of Chikopa, J sitting in the High Court, Mzuzu registry. The
two appellants were convicted of contempt of court for disobeying an order of
injunction. The trial judge found that the contempt of court in question
was criminal and that it involved both dishonesty and moral turpitude.
Tembo (J Z U) v Chakuamba Cause
No. 230 of 2001
Appeal Stay of execution of an order for injunction granted. Restraining
the appellant from acting or holding himself out as President of Malawi
Congress Party
Tembo (J Z U) and another v Speaker of
National Assembly M.S.C.A. Civil Appeal No. 1 of 2003 The appellants
Parliamentary seats become vacant following their conviction for contempt of
court. The National Assembly took the view that contempt of court is a
crime involving dishonesty.
Tembo (J Z U) and others v
Chakuamba and others Cause No. 1750 of 2001 Originating Summon
Plaintiff want the court to determine whether the 1st Defendant could lawfully
dismiss the Plaintiff from Malawi Congress Party
Tratsel Supplies Limited v Attorney
General Cause No. 1798 of 2001
The
issues before this Court are succinctly put by Mr. Nkhono, legal practitioner
for the plaintiff, who obtained a judgment for payment of huge sums of money
against the Government, the defendant. Mr. Nkhono suggests two issues: first,
whether in Malawi a judgment creditor can enforce payment of a judgment by
garnishee proceedings under the Rules of the Supreme Court over funds the
Reserve Bank of Malawi holds for Government: secondly, whether garnishee
proceedings are a form of enforcement of a judgment. There is no doubt
with the second question. The Rules of the Supreme Court include
proceedings under Order 49 as a mode of enforcing a money judgment. It is
therefore the first question which comes for determination in this
appeal. It is related to a very dominant question in the three judgments
of this Court: whether Order 77, rule 15 of the Rules of the Supreme
Court, supposedly based on section 25 (4) of the Crown Proceedings Act, 1947,
is part of our law. Section 25 (4) of the Crown Proceedings Act, 1947,
excludes all common law modes of execution between subjects under Orders 45 to
52 for judgments against Government (the Crown). The plaintiff contends
that section 25 (4) of the Crown Proceedings Act, 1947 does not apply to
Malawi. Consequently, there is no law in Malawi excluding execution
generally and garnishee proceedings particularly against Government. The
plaintiff further contends that section 8 of the Civil Procedure (Suits by and
against Government and Public Officers) Act permits execution against
Government.
University Council of Malawi v Saukila MSCA
Civil Appeal No. 17 of 2000
Expelled from College on allegation of misconduct
Vinyo v Unitrans Malawi Ltd Cause
No. 3729 of 2001
Assessment
Viola v Caps Ltd Cause No. 1645 of
1996
Assessment
Waliya v Chisuse Cause
No. 1573 of 2002
Administrator of Deceased Estate. Transfer of title
Zakeyo v Yusuf Cause
No. 2539 of 2000
Assessment
Zomba
Municipal Assembly v Council of the University of Malawi Cause
No. 3567 of 2000
Determination on
validity of claim for municipal rates