The face of the moon
was in shadow
M&L Partners has successfully defended and appealed multimillion and multibillion-kwacha claims in tax,
commercial, labour, and civil litigation before Malawi’s High Court and Supreme Court.
Our Cases
Spearhead Contractors v Mota Engil & Crown Plantations: Land Cause Number 41 of 2015
Took over the defense after a judgment was entered, reducing a MK17 billion trespass claim to MK55,000,000. This case set importantprecedents on damages in trespass claims, expert testimony, and referrals by judges. We upon further to the Supreme Court against the MK55,000,000. The appeal was heard on 12 December 2024. The Supreme Court has reserved Judgment.
Jabesi Kumbuyo and others v ETG Inputs Limited: Commercial Case No. 146 of 2022.
Successfully struck out a MK300,000,000 claim against ETG where the claim was for breach of contract and Negligence. The Claimants delayed to comply with directions of the court, and we took the opportunity and applied to strike out the matter for noncompliance. The Court proceeded to strike out the matter
ETG Inputs Limited v Maxwell Chirombo and another: Miscellaneous Civil Cause number 24 of 2024.
The Applicants were awarded MK74,000,000 million as compensation for false imprisonment and defamation by the Nkhatabay Resident Magistrate. We found the proceedings and the Judgment to be suspicious. We applied for a review of the Judgment in the High Court. 9 The High Court nullified the judgment and ordered the Claimants to pay back the whole MK74,000,000.
Commissioner General of the Malawi Revenue Authority v Limbe Leaf Tobacco Company Limited: Revenue Appeal Number 3 of 2022
Successfully appealed to the Special Arbitrator against a 5-billion-kwacha reassessment claim by MRA against Limbe Leaf Tobacco Company Limited. MRA appealed to the High Court, and the appeal was successfully defended where MRA’s appeal was struck out and MRA was ordered to pay costs to Limbe Leaf Tobacco Company Limited.
Mota Engil v Tamara Kabowa: MSCA Civil Appeal Number 11 of 2023
Successfully appealed to the Malawi Supreme Court of Appeal against a sexual harassment claim against Mota Engil. Mota Engil was found liable by the High Court in the first-ever sexual harassment judgment delivered 7 by the High Court. We successfully appealed against this decision in the Malawi Supreme Court of Appeal, and the Supreme Court set aside the decision of the High Court with costs. The Claimant was ordered to pay back the MK30,000,000 that she had received as compensation.
Mwaiwathu Private Hospital Limited v the Competition and Fair- Trading Commission: Civil Cause Number 407 of 2021
Successfully appealed against a decision of the Competition and Fair-Trading Commission against Mwaiwathu Private Hospital Limited. The Commission ordered Mwaiwathu to cease charging differential prices to its clients and to pay millions in fines. An appeal against the decision was successful, allowing Mwaiwathu to continue its business model without paying any fines.
Rachael Sangala v Imperial Motors Limited trading as Nissan Malawi: Commercial Case Number 266 of 2019
Successfully defended a multimillion kwacha claim against Nissan Malawi by a vehicle owner who alleged breach of contract and damage to her vehicle during servicing. The High Court, Commercial Division in Lilongwe, dismissed the claim with costs to be paid to Nissan Malawi.
Petroleum Engineering Services MW Ltd v Mota Engil & Blantyre City Council: Civil Cause Number 88 of 2020
Successfully defended the case on behalf of Mota Engil, establishing the precedent that contractors in road construction projects have statutory immunity against civil proceedings. This precedent has been used to dismiss over 116 other claims.
Elina Meke v Vale Logistics & Mota Engil: Civil Cause Number 148 of 2020
Successfully defended a MK50,000,000 claim against MotaEngil, establishing the precedent that claims for compensation arising from railway constructions are invalid if commenced as actions. This precedent is being replicated in numerous claims.
Stanley Nampuluma and 14 others v GardaWorld: Matter number IRC 728 of 2021.
We successfully defended GardaWorld in a claim for unfair dismissal. The Applicants were claiming that they were retrenched without being consulted. The total claim was for over MK500,000,000. The Court dismissed all the claims by the Applicants.
Macdonald Nyambi v Marys Meals: Matter No. IRC PR 646 of 2018.
We successfully defended Marys Meals Malawi in claim for unfair dismissal and unfair labour Practice. The Court dismissed all the claims by the Applicant.
Oscar Harrison and 32 others vs Mota Engil: Civil Cause number 706 of 2021
This was a consolidation of 33 separate matters against Mota Engil. Each of the 33 claims were alleging that Mota Engil had destroyed crops and land during road construction in Thyolo District. Each of the Claims were for about MK25,000,000. The total claim for the consolidated matter was therefore around MK825,000,000. We manage to successfully strike
out all the 33 claims with costs.
James Katunga v Mota Engil: Commercial Cause No. 381 of 2018.
The Claimant alleged that he was awarded a contract for weeding services at Mota Engil farms in Golomoti. The Claimant claimed that he was awarded the contract by the then Farm manager. He claimed that he performed the work, but he was not paid. The claim was for a liquidated sum of MK2,600,000, unliquidated Damages for breach of contract and compound interest. We advised Mota Engil that the Claimant would succeed in his claim for unpaid sums. However, we managed to 10 successfully defend the claims of breach of contract and compound interest. The Court only awarded the Claimant the sum of MK2,600,000. The claims for breach of contract and compound interest would have been in excess of MK30,000,000 if the court had granted them.
Raphael Kanselu vs Mota Engil - Civil Cause No. 267 of 2015
This was a consolidation of 46 different matters. Each Claimant was claiming in excess of MK15,000,000. The claim was compensation for damages caused to the Claimant’s land during road construction. We successfully dismissed all the 46 matters on 22 nd June 2023. Mota Engil was therefore released from an exposure of not less than MK690,000,000(Six hundred and ninety million kwacha).
Davies Muwela & 74 others v Mota Engil: Civil Cause No 408 of 2020
As I went on, still gaining velocity, the palpitation of night and day merged into one continuous greyness; the sky took on a wonderful deepness of blue, a splendid luminous color like that of early twilight; the jerking sun became a streak of fire, a brilliant arch, in space; the moon a fainter fluctuating band; and I could see nothing of the stars, save now and then a brighter circle flickering in the blue.
Faless Francis & 45 others v Mota Engil: Civil Cause No. 152 of 2021.
This was a consolidation of 46 different matters. Each Claimant was claiming in excess of MK15,000,000. The claim was compensation for damages caused to the Claimant’s land during road construction. We successfully dismissed all the 46 matters on 22 nd June 2023. Mota Engil was therefore released from an exposure of not less than MK690,000,000(Six hundred and ninety million kwacha).
Davies Muwela & 74 others v Mota Engil: Civil Cause No 408 of 2020
This matter had 75 Claimants. Each Claimant was claiming not less than MK25,000,000. We successfully dismissed the matter with costs on 16 th March 2023. We therefore managed to release Mota Engil from an exposure of not less than MK1,875,000,000(One billion, eight hundred and seventy-five million kwacha).
Mota Engil vs Hastings Kaukuti & 8 Others - IRC Appeal Case No. 1 of 2023 (Being Matter No. IRC 26 of 2014)
This matter had 9 Applicants. The Industrial Relations Courts awarded the Applicants a total sum of MK161,000,000(one hundred and sixty-one million kwacha) as compensation in November 2021. We filed an appeal against the IRC’s decision. The High Court, which heard the appeal, delivered its ruling in May 2023. The High Court agreed with our arguments and proceeded to set aside the award of MK161,000,000. The High Court ordered the Industrial Relations Court to reassess the compensation. We proceeded with the reassessment. The court delivered its ruling on reassessment and awarded the Applicants the total sum of MK200,193 (Two hundred thousand, one hundred ninety-three kwacha) in place of the initial 161 million. We therefore managed to successfully save the sum of MK160,799,807 (One hundred and sixty million, seven hundred ninety-nine thousand, eight hundred and seven kwacha) for Mota Engil.
Davie Nanepa & 28 others v Mota Engil: Civil Cause no 14 of 2020.
The matter has 29 Claimants. Each of the Claimant is claiming not less than MK10,000,000. We successfully obtained an order for costs against the Claimants where the court ordered that the Claimants should pay Mota Engil costs before proceeding with the claim. The court further ordered that if the Claimants fail to pay the costs, the matter will be automatically dismissed. The order was made on 25 th May 2023. The Claimants are not in a position to pay Mota Engil; therefore, the matter is most likely going to be automatically dismissed. We therefore have released Mota Engil from an exposure of not less than MK290,000,000 (two hundred and ninety million kwacha)
Beatrice Salijeni and 17 others v Mota Engil: Civil Cause no 154 of 2021.
This matter had 18 Claimants. Each of the Claimant was claiming not less than MK30,000,000. We successfully applied to have Mota Engil removed as a party to the action and have the matter dismissed. The matter was dismissed on 22 nd May 2023. We therefore successfully released Mota Engil from an exposure of not less than MK540,000,000 (five hundred and forty million kwacha).
Joward Katsabola and 3,000 others v Mota Engil: Civil Cause no 223 of 2020 (Quary Matter).
This matter had 3,000 Claimants. Each Claimant was claiming not less than MK4,000,000. We successfully defended the matter on behalf of Mota Engil. Judgment was delivered in September 2022. All the Claimants’ claims were dismissed. We therefore successfully released Mota Engil from an exposure of not less than MK12,000,000,000 (twelve billion kwacha).
Nicholas Mthira v Garda World M Limited: Commercial Case No. 454 of 2021.
The Claimant was a former employee of GardaWorld. He brought the action against GardaWorld in the High Court Commercial Division, claiming the sum of MK200,000,000 as unpaid commission. We successfully struck out the action from the Commercial Court on the basis that the matter was not commercial in nature. The Claimant was ordered to pay MK24,000,000 as costs. The Claimant recommenced the action in the Industrial Relations Court (IRC). We applied for a Stay in the in the IRC, arguing that the IRC matter cannot continue until the Claimant pays the MK24,000,000 costs ordered by the Commercial Court. The Court granted the stay. The Claimant applied for a review of the costs before a Judge in the Commercial Court. We objected to the application for review. The Judge sustained our objections and dismissed the application for review.


