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Malawi decisions
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Quick Invest Limited v Phiri (Miscellaneous Case 99 of 2022) [2023] MWHC 54 (15 September 2023)
The High Court refused to order possession of land to enforce a consent judgment, finding the claimant had not proved the defendant owned the land.
Quick Investment Limited v Phiri (MISC Civil Application 99 of 2022) [2023] MWHC 90 (15 September 2023)
The High Court refused to order possession of land to enforce a consent judgment, finding the claimant had not proved the defendant owned the land.
Kara v Lake Trans Limited (Civil Cause 232 of 2018) [2021] MWHC 259 (3 December 2021)
The execution was regular as the Defendant failed to comply with the court's order to file their application to set aside the default judgment within 7 days, thus the default judgment stood and execution was proper. The consent order was set aside by the present ruling and replaced with new conditions for the Defendant to pursue their application, including payment of Sheriff Fees and a deposit for the fuel. The Defendant cannot challenge the seizure on behalf of a third party without interpleader proceedings by the third party.
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Malidadi v Malawi Housing Corporation (Civil Cause 118 of 2015) [2017] MWHC 33 (2 February 2017)
The High Court ordered the judgment debt paid into court pending determination of the defendant’s application to set aside default judgment, and declined a garnishee absolute.
Marko, Supreme Labour Contractors and Associate and Kaira v Candlex Limited (Personal Injury Cause 115 of 2014) [2016] MWHC 734 (19 May 2016)
The High Court of Malawi declined to set aside a garnishee absolute against Candlex Limited, finding service proper and no sufficient basis to disturb the order.
Chapola v United General Insurance & Anor. (1110 of 2005) [2008] MWHC 232 (5 June 2008)
The High Court of Malawi held that payment into court after judgment did not satisfy the judgment debt and dismissed the defendants’ appeal on sheriff fees.
Madise v MCTU and National Bank (Civil Cause 2851 of 2006) [2008] MWHC 80 (16 April 2008)
The High Court of Malawi refused to set aside a garnishee order absolute, holding that the debtor had a beneficial interest in the attached funds and no mutual mistake was shown.
Misanjo v Kuntsaila (Civil Cause 2015 of 2006) [2007] MWHCCiv 1 (15 October 2007)
The High Court of Malawi dismissed a preliminary objection, held that unsigned summons required rectification, and allowed committal proceedings to continue.
Nyirongo v Society For The Advancement of Women & Anor. (725 of 2004) [2005] MWHC 120 (4 July 2005)
The High Court made a garnishee order nisi absolute, holding that the cited costs provisions did not apply and that no stay of execution was in place.
Thomson v Leyland Daf (Malawi) Ltd (Civil Cause 919 of 2003) [2004] MWHC 63 (17 August 2004)
Sheriff fees and expenses are payable by the party who caused execution, even if the judgment is later found to be irregular, because the sheriff performed the required duties and incurred expenses at the request of that party.
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