Tambala v Mangulama (Civil Cause 1948 of 2008) [2008] MWHC 192 (21 October 2008)

Tambala v Mangulama (Civil Cause 1948 of 2008) [2008] MWHC 192 (21 October 2008)

The plaintiff has no locus standi to bring the action as she has not demonstrated probate of the will or that the cause of action survived the deceased under the relevant statute; therefore, she has no arguable claim or right to protect and cannot sustain an application for injunction.

Citation
[2008] MWHC 192
Parties
Plaintiff: Veronica Francis Tambala; Defendant: Mr B. S. Mangulama
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
21 October 2008
Case Number
Civil Cause 1948 of 2008
Procedural Posture
Civil Cause / Ruling on Inter Partes Application for Interlocutory Injunction
Outcome
Application for interlocutory injunction dismissed
Legal Topics
Injunctions, Locus Standi, Probate, Land Ownership, Prescriptive Rights
Source Language
English
Civil Procedure Land Law Succession Injunctions Locus Standi Probate Land Ownership Prescriptive Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Veronica Francis Tambala

Plaintiff

Mr B. S. Mangulama

Defendant

Procedural Posture

Civil Cause / Ruling on Inter Partes Application for Interlocutory Injunction

Legal Issues

  1. 1 Whether the plaintiff has locus standi to bring the action on behalf of the deceased estate
  2. 2 Whether the plaintiff is entitled to an interlocutory and mandatory injunction restraining the defendant from interfering with the disputed land

Ratio Decidendi

The plaintiff has no locus standi to bring the action as she has not demonstrated probate of the will or that the cause of action survived the deceased under the relevant statute; therefore, she has no arguable claim or right to protect and cannot sustain an application for injunction.

Court Disposition

Application for interlocutory injunction dismissed

Orders

  • Inter partes application for interlocutory injunction is dismissed on the ground that the plaintiff has no locus standi