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Malawi decisions
Decisions matching the current search
Mjoso v NBS Bank Limited (Commercial Cause 283 of 2016) [2023] MWHC 87 (27 September 2023)
High Court case over a bank’s sale of charged property upheld the charge and sale, but the court struck down penalty or default interest as unlawful.
Chokotho v FDH Bank PLC (Commercial Cause 14 of 2023) [2023] MWHC 108 (8 August 2023)
The Claimant's action fails because the property was already sold and transferred by private treaty before the injunction was granted; the Defendant was not required to sell at or above the reserve price for a private treaty sale; the only remedy available after exercise of the power of sale is damages, which the Claimant did not seek; and no arguable case or triable issue was disclosed.
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Dalitso General Suppliers Limited v Mybucks Banking Corporation Limited (Commercial Cause 426 of 2022) [2023] MWHC 57 (24 January 2023)
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.
Phekani v NBS Bank Limited (Civil Appeal 66 of 2017) [2017] MWSC 5 (20 December 2017)
The court dismissed an application for interim injunction to stop sale of charged property, holding the appellant should first have sought relief below and had not shown a valid basis for appeal.
Phekani v NBS Bank Limited (MSCA Civil Appeal 66 of 2017) [2017] MWSC 9 (20 December 2017)
The application for interim injunction was dismissed because the Appellant failed to first apply for relief in the court below as required by procedural rules, failed to seek and obtain leave to appeal, and did not demonstrate serious triable issues or prospects of success on appeal. The interests of justice did not favor granting an injunction to restrain enforcement of the consent order.
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Nyirenda & Ors. v Rop & Anor. (MSCA Civil Appeal No. 51 of 2015) [2016] MWSC 140 (25 April 2016)
The Supreme Court of Appeal held that employees’ wage claims did not outrank PTA Bank’s secured claim over charged property where there was no formal insolvency or winding up.
Mulli Brother Ltd v Malawi Savings Bank Ltd (MSCA Civil Appeal No. 48 of 2014) [2015] MWSC 466 (8 July 2015)
The court held the appeal was incompetent after a pre-judgment compromise, dismissed the stay application, and ordered the consent order to be entered.
Nthala t/a DEE & TEE Lodge v NBS Bank LTD & Osman (Land Cause 2 of 2011) [2011] MWHC 102 (10 June 2011)
The High Court of Malawi refused to continue an ex parte injunction stopping sale-related possession of charged land, holding the plaintiff’s remedy lay in damages.
Mfune v Indefund (25 of 2009) [2010] MWSC 11 (8 July 2010)
The Malawi Supreme Court of Appeal dismissed an appeal holding that the appellant’s suit was barred by res judicata after an earlier judgment over the same property dispute.
Chidzankufa v Ned Bank Malawi Ltd (70 of 2009) [2010] MWSC 5 (19 January 2010)
The Malawi Supreme Court of Appeal granted a stay of execution pending appeal, finding special circumstances where sale of the appellant’s home could render the appeal nugatory.
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