CASES
Our expertise is regularly sought in matters of significant legal complexity before the
High Court of Malawi and the Supreme Court of Appeal.
SOME OF OF THE CASES WE HAVE HANDLED WHICH
ARE ALREADY IN THE PUBLIC DOMAIN
This landmark case has established critical judicial precedents regarding expert referrals and the quantification of damages in trespass matters. Pursuing further relief, we appealed the remaining 55-million-kwacha award to the Malawi Supreme Court of Appeal. Following a hearing on 12 December 2024, the Supreme Court allowed our appeal, with the final judgment currently pending. This matter underscores our ability to deliver extraordinary results in the most challenging and high-stakes legal environments.
Our firm successfully secured the dismissal of a 300-million-kwacha claim involving allegations of breach of contract and negligence. Upon identifying that the Claimants had failed to adhere to mandatory court directions, we executed a tactical application to strike out the matter for non-compliance.
The Court upheld our application, dismissing the entire 300-million-kwacha action and awarding costs to our client. This result showcases our firm’s proactive defence strategy: we do not merely wait for trial; we actively seek the most efficient and decisive resolution to protect our clients from protracted and meritless litigation.
In a critical intervention for the defense, our firm successfully moved the High Court to review and nullify a 74-million-kwacha award for false imprisonment and defamation. After a lower court judgment raised significant concerns regarding procedural integrity, we initiated a comprehensive review of the proceedings.
Our strategic challenge resulted in the High Court setting aside the entire judgment, declaring the previous award null and void. The Court further ordered the Claimants to make full restitution of the 74 million kwacha, a decisive victory that underscores our firm's commitment to ensuring legal accountability and protecting our clients from meritless or irregular claims.
Our firm successfully challenged a 5-billion-kwacha tax reassessment issued by the Malawi Revenue Authority (MRA) against a leading international tobacco exporter. This complex fiscal matter began with a successful appeal before the Special Arbitrator, where we secured a total reversal of the claim.
When the MRA subsequently appealed to the High Court, our team provided a rigorous defence, leading to the appeal being struck out in its entirety. This result not only protected our client from a multi-billion-kwacha liability but also secured an order for the Authority to pay costs, reinforcing our reputation as a premier firm for sophisticated tax and commercial disputes.
In a matter of significant national importance, our firm successfully represented a leading international construction corporation in an appeal before the Malawi Supreme Court of Appeal. This case followed the High Court’s first-ever judgment on sexual harassment, which had initially found our client liable.
Through meticulous legal analysis and a robust appellate strategy, we successfully challenged the lower court’s findings. The Supreme Court of Appeal ultimately set aside the High Court’s decision in its entirety, ruling in favor of our client with costs. Notably, the Court ordered the full restitution of millions in compensation previously paid to the Claimant, reinforcing the principle of legal precision in high-stakes employment disputes.
Our firm achieved a decisive victory for a premier private healthcare provider in a high-stakes appeal against the Competition and Fair-Trading Commission (CFTC). The Commission had previously issued a restrictive order challenging our client’s pricing structures and imposing substantial financial penalties.
We successfully appealed the Commission's decision, securing a total reversal of the order. This landmark result validated our client’s commercial framework, allowing them to maintain their established business model without the burden of fines or regulatory interference. This success underscores our firm’s capability in navigating complex antitrust and fair-trading regulations to protect the commercial autonomy of industry leaders.
Our firm provided a rigorous and successful defense for Nissan Malawi in a high-value claim involving allegations of breach of contract and professional negligence. The Claimant sought multimillion-kwacha damages, alleging that her vehicle was damaged during a scheduled service.
Representing the client before the High Court (Commercial Division) in Lilongwe, we systematically dismantled the Claimant's allegations, proving that our client’s service standards were maintained and the contractual obligations were fully met. The Court agreed with our defense, dismissing the claim in its entirety and awarding costs to Nissan Malawi. This victory underscores our expertise in protecting global brands from meritless liability and reputational risk.
Our firm achieved a landmark victory for a leading international infrastructure corporation, establishing a transformative legal precedent regarding statutory immunity in road construction projects. By successfully arguing that contractors operate under specific statutory protections, we secured a definitive ruling that shields our client from civil liability for actions performed within their statutory mandate.
The impact of this single victory was monumental: the precedent we established has since been leveraged to successfully dismiss over 116 subsequent claims. This case stands as a testament to our firm’s ability to deliver "broad-spectrum" legal solutions, not merely winning a single case, but strategically eliminating entire categories of litigation risk for our clients.
Our firm successfully defended an international infrastructure leader against a multimillion-kwacha compensation claim by establishing a critical jurisdictional precedent. We argued that under the applicable legal framework, claims arising from railway construction are fundamentally invalid if initiated as standard civil actions.
The court's acceptance of our specialized interpretation has set a significant national precedent, clarifying the mandatory legal channels for such claims. This victory is now being replicated across numerous other matters, effectively shielding our client from a multitude of similar high-value claims and ensuring that the integrity of the statutory compensation process is upheld.
Successfully defended a major international security provider against allegations of unfair dismissal. By proving the procedural validity of the retrenchment exercise, we secured a comprehensive dismissal of all claims. This victory protected the client from an estimated MK500 million liability and affirmed their compliance with Malawian labor laws.
In a matter involving alleged contractual services at a major agricultural site, our firm provided critical strategic counsel that saved our client over MK300,000,000 in potential exposure. While the Claimant sought substantial unliquidated damages and compound interest for a breach of contract, we identified a tactical path to limit the firm's liability.
By providing an honest assessment of the undisputed sums while vigorously defending against the secondary claims, we successfully moved the court to dismiss the claims for breach of contract and compound interest. This surgical defence strategy resulted in the court awarding only the base liquidated sum, effectively neutralizing a high-interest liability that would have otherwise cost the client t hundreds of millions of kwacha.
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.
In a landmark labor dispute involving nine separate applicants, M & L Partners successfully overturned a massive 161-million-kwacha compensation award issued by the Industrial Relations Court (IRC). Recognizing that the initial award was fundamentally flawed, we initiated a rigorous appeal to the High Court.
The High Court upheld our arguments in their entirety, setting aside the 161-million-kwacha judgment and ordering a complete reassessment. Following our strategic representation during the reassessment phase, the court delivered a final ruling awarding the applicants a total of only MK200,193, down from the original 161 million. This decisive intervention resulted in a net saving of over 160.7 million kwacha for our client, underscoring our firm's unrivaled ability to mitigate exposure in high-value labor litigation.
Our firm successfully defended GardaWorld against a 200-million-kwacha claim for unpaid commission through a sophisticated multi-stage procedural strategy. We initially secured a dismissal from the High Court (Commercial Division) by successfully arguing that the matter lacked the requisite commercial character for that forum. This resulted in the Claimant being ordered to pay 24 million kwacha in costs.
When the action was recommenced in the Industrial Relations Court (IRC), we aggressively moved for a Stay of Proceedings, contending that the matter could not proceed until the prior costs were settled. The Court upheld our position, effectively halting the litigation. Furthermore, our firm successfully defeated the Claimant’s attempt to review the costs in the Commercial Division, with the Judge sustaining our objections and dismissing the application. This result demonstrates our mastery of jurisdictional maneuvers and our ability to leverage cost orders as a decisive defensive tool.
