Kachembere v Mulasa (Land Cause 137 of 2023) [2024] MWHC 32 (22 January 2024)

Kachembere v Mulasa (Land Cause 137 of 2023) [2024] MWHC 32 (22 January 2024)

The court set aside the without notice interlocutory injunction on its own motion because the Claimant failed to comply with the terms upon which the order was granted, specifically failing to file and serve a with-notice application and failing to attend the scheduled hearing.

Source-derived case information.

Citation
[2024] MWHC 32
Parties
Claimant: Eggs Kachembere (on his own behalf and on behalf of the Kachembere Clan); Defendant: Labana Mulaga
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
22 January 2024
Case Number
Land Cause 137 of 2023
Procedural Posture
Land Cause / Interlocutory Application for Injunction; Order on Setting Aside Injunction
Outcome
Without notice interlocutory order of injunction set aside on the court's own motion.
Legal Topics
Interlocutory Injunctions, Without Notice Applications, Compliance With Court Orders
Source Language
english
Civil Procedure Land Law Interlocutory Injunctions Without Notice Applications Compliance With Court Orders

Source-derived case record

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Parties

Eggs Kachembere (on his own behalf and on behalf of the Kachembere Clan)

Claimant

Labana Mulaga

Defendant

Procedural Posture

Land Cause / Interlocutory Application for Injunction; Order on Setting Aside Injunction

Legal Issues

  1. 1 Whether the court may set aside an interlocutory order of injunction granted without notice on its own motion due to non-compliance with terms imposed

Ratio Decidendi

The court set aside the without notice interlocutory injunction on its own motion because the Claimant failed to comply with the terms upon which the order was granted, specifically failing to file and serve a with-notice application and failing to attend the scheduled hearing.

Court Disposition

Without notice interlocutory order of injunction set aside on the court's own motion.

Orders

  • The without notice interlocutory order of injunction granted to the Claimant on 13 December 2023 is set aside.