Finance Bank Malawi LTD vs Griessel & Mvalo (Civil Cause 1716 of 2000) [2000] MWHC 44 (29 June 2000)

Finance Bank Malawi LTD vs Griessel & Mvalo (Civil Cause 1716 of 2000) [2000] MWHC 44 (29 June 2000)

The plaintiff's charge was not registered and thus not complete at law, but there was an equitable charge in favour of the plaintiff due to part performance and sufficient written evidence. However, third party rights of the purchaser without notice cannot be defeated. The injunction is discharged as the plaintiff...

Source-derived case information.

Citation
[2000] MWHC 44
Parties
Plaintiff: Finance Bank Malawi Ltd.; Defendant: Philip Adam Griessel; Defendant: Linda Ann Griessel; Defendant: Titus Mvalo
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
29 June 2000
Case Number
Civil Cause 1716 of 2000
Procedural Posture
Civil / Ruling on Application to Set Aside Injunction
Outcome
injunction discharged with costs
Legal Topics
Injunctions, Registration of Charges, Priority of Interests, Fraud Allegations, Secured Transactions
Source Language
english
Property Law Banking Law Equity Injunctions Registration of Charges Priority of Interests Fraud Allegations Secured Transactions

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Summary, issues, holding and outcome

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Parties

Finance Bank Malawi Ltd.

Plaintiff

Philip Adam Griessel

Defendant

Linda Ann Griessel

Defendant

Titus Mvalo

Defendant

Procedural Posture

Civil / Ruling on Application to Set Aside Injunction

Legal Issues

  1. 1 Whether the injunction granted to the plaintiff should be set aside
  2. 2 Whether the plaintiff has a registrable and enforceable interest in the property
  3. 3 Whether there was fraud by the defendants

Ratio Decidendi

The plaintiff's charge was not registered and thus not complete at law, but there was an equitable charge in favour of the plaintiff due to part performance and sufficient written evidence. However, third party rights of the purchaser without notice cannot be defeated. The injunction is discharged as the plaintiff is an equitable secured creditor but not entitled to the injunction.

Court Disposition

injunction discharged with costs

Orders

  • The injunction granted to the plaintiff is discharged.
  • Costs awarded against the plaintiff.