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Malawi decisions
Decisions matching the current search
Kachingwe v White (Land Case 40 of 2022) [2022] MWHC 145 (13 September 2022)
The injunction was discharged because the claimant suppressed material facts, making it questionable whether there was a serious issue to be tried, and the balance of convenience favored the defendant.
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Chikankheni v Kazembe and 4 Others (Civil Case 778 of 2022) [2022] MWHCCiv 3 (13 September 2022)
The High Court of Malawi partly refused an interim injunction over disputed estate land, allowing current use to continue but barring further development.
Sattar and Nair v Nation Publications Limited and Another (Civil Cause 431 of 2021) [2021] MWHC 274 (18 November 2021)
The application for an interlocutory injunction is declined because there is no allegation that the defendants intend to publish falsehoods, and the claimants' fears do not meet the threshold for curtailing free speech or press freedom. The public interest in media reporting outweighs the claimants' interests at this stage, and it cannot be said that the defendants would be unable to justify their intended publications at trial.
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Chaziya v Banda and 8 Others (Civil Cause 116 of 2021) [2021] MWHC 256 (23 October 2021)
The High Court of Malawi refused an interlocutory injunction over Ngwata Estate, holding that the balance of justice favored preserving the status quo pending trial.
Nachamba and Nachamba v Nachamba-Sapa , Wheller and Nkhoma (Civil Cause 216 of 2020) [2021] MWHC 291 (26 August 2021)
The claimants disclosed a good arguable claim regarding the lawful administration and distribution of the deceased estate. There was no material non-disclosure by the claimants. Damages would not be an adequate remedy for the alleged unlawful actions of the 1st defendant. The balance of convenience and justice favours maintaining the injunction to preserve the estate pending determination of the action.
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John Wiscot v Nowa Pondamai (village headman Lipenga) (Civil Cause 8 of 2021) [2021] MWHC 111 (30 April 2021)
There are serious issues to be tried regarding the ownership and use of the disputed land, damages would not be an adequate remedy due to the unique nature of land, and the balance of convenience does not favour maintaining the status quo. Therefore, an order restraining both parties from dealing with the land is appropriate until final determination.
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Mulli & Ors. v Kajoloweka & Anor. (Civil Cause 262 of 2018) [2018] MWHC 1129 (7 November 2018)
The High Court continued an interlocutory injunction restraining allegedly defamatory statements, holding the defendants failed to justify the allegations.
Malisita & Ors. v Group Villiage Headman Sakhama (Civil Cause 66 of 2018) [2018] MWHC 752 (4 July 2018)
The High Court of Malawi dismissed an application for interlocutory injunction over customary land, holding the complained-of acts were based on a subsisting court order.
Chabulika v Registered Trustees of Muslim Association of Malawi and Matola (Civil Cause 37 of 2018) [2018] MWHCCiv 29 (19 April 2018)
The High Court of Malawi continued an interlocutory injunction in a defamation claim, finding a triable issue and that damages may not adequately protect reputation.
Kwandekha v Baraka (Land Cause 72 of 2016) [2017] MWHC 121 (22 May 2017)
The High Court of Malawi vacated an interim injunction over disputed land, finding the plaintiff disclosed a triable issue but the balance of convenience favoured the defendant.
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