Mhango v Chabwera (Land Case 13 of 2018) [2018] MWHC 867 (28 September 2018)

Mhango v Chabwera (Land Case 13 of 2018) [2018] MWHC 867 (28 September 2018)

The claimant made sufficient disclosure of material facts and has an arguable case with an interest to protect. Damages would not be an adequate remedy due to the unique nature of land. The application to add MHC as a party is not justified. The interlocutory injunction should continue until final determination.

Citation
[2018] MWHC 867
Parties
Claimant: Andiyesa Maselula Mhango; Defendant: Mr Chabwera
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
28 September 2018
Case Number
Land Case 13 of 2018
Procedural Posture
Land Case / Interlocutory Application for Injunction and Joinder of Party
Outcome
Interlocutory injunction continued; application to add MHC as a party dismissed.
Legal Topics
Injunctions, Joinder of Parties, Trespass, Title to Land, Adequacy of Damages
Source Language
English
Land Law Civil Procedure Injunctions Joinder of Parties Trespass Title to Land Adequacy of Damages

Case Brief

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Parties

Andiyesa Maselula Mhango

Claimant

Mr Chabwera

Defendant

Procedural Posture

Land Case / Interlocutory Application for Injunction and Joinder of Party

Legal Issues

  1. 1 Whether Malawi Housing Corporation should be added as a party to the proceedings
  2. 2 Whether the order of injunction should be continued or discontinued

Ratio Decidendi

The claimant made sufficient disclosure of material facts and has an arguable case with an interest to protect. Damages would not be an adequate remedy due to the unique nature of land. The application to add MHC as a party is not justified. The interlocutory injunction should continue until final determination.

Court Disposition

Interlocutory injunction continued; application to add MHC as a party dismissed.

Orders

  • The interlocutory injunction restraining the defendant from cultivating and developing the land shall continue until determination of the matter.
  • The application to add Malawi Housing Corporation as a party is dismissed.