On 3 February 2026, the Malawi Supreme Court of Appeal (“MSCA”) delivered a judgment in MSCA Civil Appeal No 21 of 2016, being an appeal from the High Court of Malawi (Commercial Division) Blantyre Registry. The appeal was filed by Finance Bank of Malawi Limited (In Voluntary Liquidation) against the Reserve Bank of Malawi (“RBM”) and the Attorney General (on behalf of the Minister of Finance).

The Malawi Law Society (“MLS”) has seen a minute order dated 3 February 2026 stating that the MSCA allowed the appeal, set aside the judgment of the High Court, and allowed Finance Bank’s counterclaim.

According to the Order, the MSCA declared that the suspension of Finance Bank’s foreign currency operations and the revocation of its banking licence in May 2005 were undertaken in breach of constitutional requirements of lawful and procedurally fair administrative action. The Court ordered that damages, if any, be assessed by the Assistant Registrar together with interest and costs.

The MLS has received numerous requests to comment on or clarify the MSCA’s judgment or Order. In accordance with its statutory mandate under section 64(d) of the Legal Education and Legal Practitioners Act, the MLS issues this statement to provide guidance to the public on certain aspects of the Judgment or Order.

The MLS is unable to provide substantive commentary at this stage because the Court has not yet released its reasoned and perfected judgment. Further commentary may be provided once the full judgment is delivered.

Proceedings in the High Court

A party to litigation has the right to challenge a decision of the High Court by way of appeal. In civil matters, an appeal lies to the MSCA within six weeks where the decision appealed against is a final judgment of the High Court.

In this case, the High Court delivered a 59-page judgment on 27 October 2014 in Commercial Case Number 202 of 2008. The decision was in favour of RBM. Finance Bank subsequently lodged an appeal challenging the judgment.

Powers of the MSCA on Appeal in Civil Matters

When hearing an appeal from a High Court judgment in a civil matter, the MSCA has wide powers under section 22 of the Supreme Court of Appeal Act, including confirming, varying, amending, or setting aside judgments; receiving further evidence; remitting cases for further hearing; ordering new trials; and making any order as the interests of justice require.

The MSCA may also give any judgment or make any order that ought to have been made, including orders as to costs, even where only part of a decision is challenged.

Remedies Where a Party Is Dissatisfied with the MSCA Decision

The decision of the MSCA is final and binding on all parties and courts below it. There is no right of appeal from a decision of the MSCA. However, the Court may review its judgment in accordance with its own practice.

Observations by MLS

The MLS observes that the High Court judgment addressed numerous factual issues and was based on evidence from six witnesses. The MSCA’s order dated 3 February 2026 is a minute order and does not contain detailed legal reasoning. The MLS also clarifies that the order does not award Finance Bank damages for loss of business profits, contrary to reports circulating on social media.

The MLS urges the MSCA to expedite delivery of its reasoned and perfected full judgment to assist public understanding and curb speculation. The Society also notes concern over delays, as the appeal filed in 2016 was only disposed of in 2026.

Conclusion

Public reaction to the MSCA’s decision presents an opportunity to reflect on the impact of judicial decisions on litigants and the public. The MLS calls for expedited appointments and operationalisation of judicial accountability mechanisms to strengthen public confidence in the Judiciary.

Issued this 11th day February 2026.

Davis Mthakati Njobvu
CHAIRMAN

Francis Ekari M’mame
HONORARY SECRETARY