Malawi Government and Prima Fuels will today face TotalEnergies Marketing Malawi in the High Court of Malawi Commercial Division in Lilongwe for continued hearing of their K824 billion ($480 million) claim for breach of contract. Ministry of Justice and Constitutional Affairs said in a statement yesterday that Attorney General (AG) Frank Mbeta and Prima Fuels legal team will seek an injunction against intentions by TotalEnergies to have the matter go for arbitration in the United Kingdom (UK). On the other hand, TotalEnergies is also set to apply that the matter should be struck out on grounds of lack of jurisdiction.
Further, the statement said TotalEnergies has also asked Prima Fuels to withdraw the matter pending the outcome of the arbitration pursuit in the UK court. On November 4 2025, the Malawi Supreme Court of Appeal dismissed an application by TotalEnergies Marketing Malawi to stop proceedings in the case. In its judgement, a nine-member panel of justices of appeal (JAs) ordered that the case should revert to the High Court of Malawi Commercial Division for a full trial.
JA Rowland Mbvundula, who read the judgement on behalf of the panel, ordered that the case should start within 45 days. The claim relates to a rebate on fuels that TotalEnergies was obliged to pay the government in accordance with a contract signed in 2001. The company allegedly stopped honouring the payment in 2006.
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In 2001, the Malawi Government contracted Prima Fuels Limited to supply the country’s national fuel requirements. Prima Fuels sub-contracted TotalEnergies to supply fuel and fuel products under a contract signed on December 1 2001. Since then, TotalEnergies has been supplying fuel to the government under this contract, which is still in force.
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