Mlenje v Mlenje and others (MSCA Civil Appeal 45 of 2017) [2017] MWSC 14 (13 September 2017)

IN THE penne SUPREME COURT OF APPEAL SITTING AT BLANTYRE MSCA CIVIL APPEAL NO. 45 OF 2017 [Being High Court of Malawi, Mzuzu District Registry, Civil Cause Number 102 of BETWEEN SAMSON TIWONG CORAM: T 2016] K MLENJE APPLICANT/APPELLANT AND BE MLENJE & OTHERS RESPONDENTS HE HON. MR@USTICE L P CHIKOPA)SC JA Chikopa SCpJA This matter is agombo Mr. of Counsel for the Applicant lauzi Mr. of Counsel forithe Respondents aluwa Mr.. Court Clerk RULING about title/ possession to Plot Number 673/Title Number Katawa MAS 78 and the developments thereon. The appellan oe unsuccessfully sued the respondents in the High Court over the above property. He contended that the same was his property. The Trial Court found that the property actually belonged to one John Risco Kay Mlenje the applicant’s late young brother and father to the respondents. He lost the case as a consequence jof which he was asked to vacate the property. He has since appealed to this Court above judgme He also applied for and was granted, ex parte, an order staying the nt. On September 1, 2017 we heard an inter parties application for continuation/ vacation of the stay order. This is the ruling in respect thereof. the Court before whom one is appearing. We, on our part would say of the totality of the justice system. Should one derive benefit from a system towards whom they have shown n answer should D respect? A system they think deserves no more than lies? The be in the negative. We will be aiding and abetting a disrespect of the courts, the rule of law and the justice system if we sustained the stay order herein. The order of stay and the conditions attached thereto are hereby set aside. The above not property until withstanding we understand that the appellant has an interest in the this matter is disposed of to finality. Accordingly the title deeds to the said property will continue being in the custody of the Trial Court until the appeal is dete rmined. Further the said property shall not, for as long as the appeal herein remains undecided to finality, be sold or pledged, mortgaged or in any other way us pd as security unless with the express, written permission of the Malawi Supreme Court of Appeal. We would hai appellant is le ye awarded. costs to, the respondent. We notice however that the gally aided. We therefore make no order as to.costs. Dated at Blantyre this of 13'* day of September 2017.