John Nandilimbe v Malawi Revenue Authority & Wells Gama T/A Tradex Freight International,

Abstract

This case involves John Nandilimbe’s claim against the Malawi Revenue Authority (MRA) and Wells Gama T/A Tradex Freight International regarding the wrongful seizure and damage of his Toyota Surf vehicle. The plaintiff alleges that MRA improperly impounded the vehicle due to unpaid duties, using false documentation and without proper verification, resulting in vandalism and loss of use. The court examines issues of liability under the Customs and Excise Act, particularly whether MRA or its agents can be held responsible for damages caused during the seizure process. The court considers legal provisions relating to customs law, agency relationships, and liability for damages arising from official actions, ultimately holding that the plaintiff’s claim fails due to breaches of customs laws by the plaintiff and procedural inadmissibility of certain claims on appeal. The judgment dismisses the plaintiff’s action with costs.