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Malawi decisions
Decisions matching the current search
Mwamlowe and Another v Rumphi District Council and 2 Others (Miscellaneous Civil Cause 8 of 2015) [2020] MWHCCiv 50 (5 March 2020)
The High Court dismissed an application to lift a stay of execution, holding that the earlier order was made in chambers, leave to appeal was required, and the stay effectively granted it.
Phiri v Phiri & Anor. (None) [2016] MWHC 480 (16 February 2016)
The originating summons procedure was inappropriate due to substantial factual disputes regarding execution of the sale agreement, payment of consideration, and the nature of the property interest. The reliefs sought by the plaintiff were refused, and the matter was ordered to proceed by writ of summons.
Source excerpt
National Bank of Malawi v Nawena (Civil Cause 2671 of 2003) [2004] MWHC 4 (15 January 2004)
The High Court dismissed a preliminary objection that the case should proceed as writ proceedings, holding the factual disputes were not substantial enough to defeat originating summons.
Susan Banda v Thokozani Banda (Matrimonial Cause 1 of 2001) [2001] MWHC 20 (3 May 2001)
The High Court set aside an early hearing of an originating summons as premature and irregular, and ordered the matter to proceed afresh under the affidavit timetable.
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