Ex Parte Chihana & Anor.; S v Council for University of Malawi (98 of 2006) [2008] MWHC 88 (24 April 2008)

Ex Parte Chihana & Anor.; S v Council for University of Malawi (98 of 2006) [2008] MWHC 88 (24 April 2008)

The applicants failed to disclose material facts when seeking the injunction and were guilty of inordinate delay in prosecuting the judicial review, justifying the discharge of the injunction.

Citation
[2008] MWHC 88
Parties
Respondent: The State; Respondent: Council for University of Malawi; Applicant: Allan Chihana; Applicant: Steve Musopole
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
24 April 2008
Case Number
98 of 2006
Procedural Posture
Miscellaneous Civil Application / Ruling on Application to Discharge Injunction
Outcome
Injunction discharged
Legal Topics
Injunctions, Judicial Review, Disclosure of Material Facts, Delay in Prosecution
Source Language
English
Civil Procedure Administrative Law Injunctions Judicial Review Disclosure of Material Facts Delay in Prosecution

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Respondent

Council for University of Malawi

Respondent

Allan Chihana

Applicant

Steve Musopole

Applicant

Procedural Posture

Miscellaneous Civil Application / Ruling on Application to Discharge Injunction

Legal Issues

  1. 1 Whether the injunction was obtained through suppression or misrepresentation of material facts
  2. 2 Whether the applicants were guilty of inordinate delay in prosecuting the matter

Ratio Decidendi

The applicants failed to disclose material facts when seeking the injunction and were guilty of inordinate delay in prosecuting the judicial review, justifying the discharge of the injunction.

Court Disposition

Injunction discharged

Orders

  • Respondents' application to vacate the injunction is granted