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Malawi decisions
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Magombo v Sukali (Civil Cause 22 of 2017) [2017] MWHC 899 (1 August 2017)
The High Court refused summary possession because the plaintiff’s title documents were inconsistent and the dispute raised issues that required a full trial.
Dhanapala v Jawayardena (Land Cause 12 of 2015) [2016] MWHC 748 (22 February 2016)
The High Court of Malawi dismissed an appeal for summary possession, holding the affidavits did not show occupation without licence or consent under Order 113 RSC.
Dhanapala v Jayawardena & Anor. (None) [2016] MWHC 483 (21 February 2016)
The Appellant failed to establish that the Respondents remained in occupation of the Chigumula properties without his licence or consent, and the long period of occupation (over 12 years) by the 1st Respondent makes Order 113, r.1 RSC inapplicable. The Summons did not meet the requirements for summary possession.
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