Malawi Case Law

NBS Bank Limited v Kaonga and others

NBS Bank Limited v Kaonga and others (Commercial Case 134 of 2014) [2024] MWCommC 2 (24 February 2024)

Court

High Court of Malawi Commercial Division

Case number

Commercial Case 134 of 2014

There was no cogent evidence of fraud by the defendants; the matter is one of outstanding debt. The 1st and 2nd defendants are liable for the sums claimed plus interest. Claims for attachment of the 3rd defendant’s beneficial interest and for general and exemplary damages fail. Order for delivery of vehicles is granted if recovery is possible.

Source excerpt

• Loan default
• Security for loans
• Fraud allegations
• Breach of contract
• Damages
• Attachment of property

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Mulli Brothers Limited v Eco Bank Limited

Mulli Brothers Limited v Eco Bank Limited (Commercial Cause 399 of 2020) [2023] MWHC 95 (8 December 2023)

Court

High Court of Malawi

Case number

Commercial Cause 399 of 2020

The High Court dismissed Ecobank’s application to discharge an interlocutory injunction over Chitakale Estate, finding the application out of time and misconceived.

• Injunctions
• Loan default
• Assignment of proceeds
• Enforcement of court orders
• Interlocutory-injunctions
• Assignment-of-proceeds

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Tamando Lama Chokotho v FDH Bank PLC

The court refused to continue an interlocutory injunction over charged property already sold and transferred, and dismissed the claim with costs.

• Interlocutory injunction
• Chargee's power of sale
• Private treaty sale
• Reserve price
• Loan default
• Disclosure on without notice application

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Dalitso General Suppliers Limited v National Bank of Malawi

Dalitso General Suppliers Limited v National Bank of Malawi (Commercial Cause 456 of 2022) [2023] MWHC 58 (25 May 2023)

Court

High Court of Malawi

Case number

Commercial Cause 456 of 2022

The High Court of Malawi ordered consolidation of two related suits over the same loan facilities, finding the separate actions should be managed together.

• Abuse of process
• Injunctions
• Loan default
• Case consolidation
• Abuse-of-process
• Case-consolidation

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Mybucks Banking Corporation Limited v Nyasulu t/a Tiyuni Investments

Mybucks Banking Corporation Limited v Nyasulu t/a Tiyuni Investments (Commercial Case 142 of 2022) [2023] MWHC 92 (10 May 2023)

Court

High Court of Malawi

Case number

Commercial Case 142 of 2022

The High Court entered judgment for the bank for MK313,111,850.33 plus interest, allowed sale of the secured property, and ordered the defendant to cooperate.

• Loan default
• Declaratory orders
• Enforcement of security
• Assessment of interest and costs
• Loan-default
• Declaratory-orders

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Dalitso General Suppliers Limited v Mybucks Banking Corporation Limited

Dalitso General Suppliers Limited v Mybucks Banking Corporation Limited (Commercial Cause 426 of 2022) [2023] MWHC 57 (24 January 2023)

Court

High Court of Malawi

Case number

Commercial Cause 426 of 2022

The High Court discharged an ex parte injunction restraining sale of mortgaged property, finding loan default, valid statutory notice, no adequate damages case, and bad faith.

• Loan default
• Mortgage enforcement
• Interlocutory injunctions
• Service of statutory notices
• Good faith in equity
• Interlocutory-injunctions

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Chilambula v National Bank of Malawi

Chilambula v National Bank of Malawi (Civil Cause 1342 of 2002) [2002] MWHC 23 (24 June 2002)

Court

High Court of Malawi

Case number

Civil Cause 1342 of 2002

The High Court discharged an ex-parte injunction restraining sale of the plaintiff’s house, finding it had been obtained through suppression of material facts.

• Injunctions
• Material non-disclosure
• Loan default
• Foreclosure
• Material-non-disclosure
• Loan-default

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Hamdan v Finance Corporation of Malawi

Hamdan v Finance Corporation of Malawi (Civil Cause 3774 of 2001) [2002] MWHC 11 (21 March 2002)

Court

High Court of Malawi

Case number

Civil Cause 3774 of 2001

The injunction is discharged because the Plaintiff defaulted on the loan, the charge agreement excluded statutory notice requirements, no enforceable variation existed, and continuation of the injunction would unjustly deprive the Defendant of its security.

Source excerpt

• Loan default
• Realisation of security
• Interlocutory injunction
• Variation of contract
• Registered land act compliance

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Indefund Ltd v Saonda

Indefund Ltd v Saonda (Civil Cause 276 of 2002) [2002] MWHC 7 (21 February 2002)

Court

High Court of Malawi

Case number

Civil Cause 276 of 2002

The High Court ordered the defendant to give vacant possession after defaulting on a secured loan, rejecting notice and Registered Land Act objections.

• Loan default
• Mortgage enforcement
• Exclusion clauses
• Registered land act compliance
• Loan-default
• Mortgage-enforcement

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Ntafu v Finance Corporation of Malawi

Ntafu v Finance Corporation of Malawi (Civil Cause 3143 of 2000) [2000] MWHC 32 (7 December 2000)

Court

High Court of Malawi

Case number

Civil Cause 3143 of 2000

The High Court discharged an interim injunction stopping a lender from selling charged land, finding no sufficiently arguable right to protect and no basis for damages inquiry.

• Injunctions
• Loan default
• Power of sale
• Damages inquiry
• Charges-and-mortgages
• Power-of-sale

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