Malawi High Court: Lacks Original Jurisdiction Over Customary Land Title

On October 19, 2026, the High Court of Malawi, Civil Division, in the case of Iweni Malepela v Alice Matipwiri, ruled that it lacks original jurisdiction over matters concerning customary land title, directing such cases to subordinate courts or customary land tribunals.

This ruling is crucial for legal practitioners in Malawi, as it clearly delineates the jurisdictional boundaries between the High Court and lower courts or tribunals concerning customary land. It prevents litigants from bypassing the established hierarchy for land disputes, ensuring that cases are heard by the appropriate body with the necessary expertise in customary law. For individuals and communities dealing with customary land, it means understanding the correct legal avenue for redress, thereby streamlining the dispute resolution process and potentially reducing litigation costs and delays.

Malawi's legal framework for land includes both statutory and customary land tenure systems, with the Land Act and Customary Land Act (2017) being key pieces of legislation governing land administration and disputes. The court hierarchy in Malawi places the High Court above subordinate courts (Magistrate Courts) and also recognizes specialized tribunals, such as Customary Land Tribunals, which are specifically established to resolve disputes related to customary land. This ruling reinforces the principle of original jurisdiction and the role of specialized bodies in specific legal areas, ensuring that the expertise of these lower bodies is utilized effectively.

The High Court of Malawi, Civil Division, was the adjudicating body in this matter, with Iweni Malepela and Alice Matipwiri as the parties involved. The implications of this decision extend to all legal practitioners, landholders, and communities involved in customary land matters across Malawi, emphasizing the importance of adhering to the prescribed jurisdictional pathways.

Attorneys must meticulously assess the nature of land disputes, particularly those involving customary land, to ensure they are filed in the correct forum. Initiating such a case directly in the High Court will likely result in a jurisdictional challenge and dismissal, leading to delays and increased costs for clients. Practitioners should advise clients to first approach Customary Land Tribunals or subordinate courts for customary land title disputes, reserving High Court intervention for appeals or specific statutory matters where original jurisdiction is explicitly granted.