Vikhumbo v Erasmus (Civil Cause 378 of 2017) [2018] MWHC 1089 (13 July 2018)

Vikhumbo v Erasmus (Civil Cause 378 of 2017) [2018] MWHC 1089 (13 July 2018)

The claimant satisfied all three conditions under Order 10 Rule 27: there is a serious question to be tried regarding the right to manage the trust, damages would not be an adequate remedy due to the difficulty in assessing disruption to the college, and it is just to maintain the status quo to prevent irreparable developments before trial.

Citation
[2018] MWHC 1089
Parties
Claimant: Pastor Samuel Cromwell Vikhumbo; Defendant: Rev. Peet J. Erasmus
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
13 July 2018
Case Number
Civil Cause 378 of 2017
Procedural Posture
Civil Cause / Ruling on Interlocutory Injunction Application
Outcome
Interlocutory injunction granted
Legal Topics
Interlocutory Injunctions, Trust Property, Breach of Agreement
Source Language
English
Civil Procedure Trusts Interlocutory Injunctions Trust Property Breach of Agreement

Case Brief

Summary, issues, holding and outcome

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Parties

Pastor Samuel Cromwell Vikhumbo

Claimant

Rev. Peet J. Erasmus

Defendant

Procedural Posture

Civil Cause / Ruling on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the claimant is entitled to an interlocutory injunction restraining the defendant from taking over Sola Scriptura Bible College
  2. 2 Whether damages would be an adequate remedy if the injunction is refused
  3. 3 Whether it is just to grant the interlocutory injunction

Ratio Decidendi

The claimant satisfied all three conditions under Order 10 Rule 27: there is a serious question to be tried regarding the right to manage the trust, damages would not be an adequate remedy due to the difficulty in assessing disruption to the college, and it is just to maintain the status quo to prevent irreparable developments before trial.

Court Disposition

Interlocutory injunction granted

Orders

  • The defendant is restrained from interfering with the operations of Sola Scriptura Bible Training College in Nkhata Bay District until determination of the action or further order of the court.
  • Order subject to the usual undertaking as to damages by the claimant.