Nkhambule v Hardware Centre & Anor. (Civil Cause 1136 of 2007) [2008] MWHC 211 (1 October 2008)
The application for an injunction fails as the applicant has more to lose and the balance of convenience does not favour granting the injunction.
Source-derived case information.
- Citation
- [2008] MWHC 211
- Parties
- Applicant: Annie Kamkhoza Nkhambule t/a CAK Computers; 1st Defendant: Hardware Centre; 2nd Defendant: The Assistant Sheriff
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Case Number
- Civil Cause 1136 of 2007
- Procedural Posture
- Civil / Ruling on Application for Injunction
- Outcome
- application for injunction dismissed
- Legal Topics
- Injunction, Seizure of Property, Rent Arrears
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Annie Kamkhoza Nkhambule t/a CAK Computers
Applicant
Hardware Centre
1st Defendant
The Assistant Sheriff
2nd Defendant
Procedural Posture
Civil / Ruling on Application for Injunction
Legal Issues
- 1 Whether the applicant is entitled to an injunction restraining disposal of seized property by auction
Ratio Decidendi
The application for an injunction fails as the applicant has more to lose and the balance of convenience does not favour granting the injunction.
Court Disposition
application for injunction dismissed
Orders
- application for injunction not to dispose of seized property by auction is dismissed
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF MALAWI LILONGWE DISTRICT REGISTRY CIVIL CAUSE NUMBER 1136 OF 2007 ANNIE KAMKHOZA NKHAMBULE t/a CAK COMPUTERS…………………………………………..………………..…. APPLICANT AND HARDWARE CENTRE…………………….…………………….1ST DEFENDANT THE ASSISTANT SHERIFF……………………………………….2ND DEFENDANT CORAM: HON. JUSTICE CHINANGWA, J L. N. Msisya, Court Interpreter/Operator RULING On 23rd June 2008, I set down this matter to 26th June, 2008 at 9 a.m. I instructed the Civil Registry to invite the parties’ lawyers. The reason I set down was to advise counsel for both parties to resolve the matter amongst themselves. Taking into account the amount of rent arrears in dispute and seized property. The applicant has more to lose. Well, counsel did not appear but the Civil Registry also failed to bring the case file to my attention. The matter was then forgotten, until Mr. Milanzi from the Sheriff’s office, Lilongwe enquired the position of the pended ruling. That was on 24th September, 2008. I have carefully examined the application together with submissions from both counsel. In the circumstances the application for an injunction not to dispose off seized property by auction fails. Pronounced in Chambers on 2nd October, 2008 at Lilongwe. R. R. Chinangwa JUDGE