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


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


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


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


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

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


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

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


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


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


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


Chirwa v Juma and Another Cause No. 3794 of 2002


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


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


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


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


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


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


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

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


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


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


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


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


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


Masonga v Sani Tyres Ltd Cause No. 1119 of 2003


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


Mcheka v Robert Cause No. 1748 of 2003


Mbewe v Kaomba Cause No. 2199 of 2003


Mdeza v Price Worth Wholesalers Cause No. 2668 of 2002


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


Mkandawire v University of Malawi Cause No. 569 of 2000


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


Mpata v Attorney General Cause No. 2468 of 2001


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


Mpinganjira (B) v Chitakale Tea and Coffee Estate Ltd Cause No. 682 of 2001

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


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


Myaba v United Democratic Front Cause No. 2945 of 2003


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


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


Njolomole v Banda Cause No. 2173 of 1997


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


Nyirenda v Attorney General Cause No 1705 of 1993
Damages Inducement of breach of contract

Nyirenda v Pride Africa Cause No. 3646 of 2001


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


Phiri v Attorney General Cause No. 2790 of 2003


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


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


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


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


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


Viola v Caps Ltd Cause No. 1645 of 1996


Waliya v Chisuse Cause No. 1573 of 2002
Administrator of Deceased Estate. Transfer of title

Zakeyo v Yusuf Cause No. 2539 of 2000


Zomba Municipal Assembly v Council of the University of Malawi Cause No. 3567 of 2000

Determination on validity of claim for municipal rates