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Malawi decisions
Decisions matching the current search
Mhone v Somanje & Anor. (Civil Cause 82 of 2013) [2018] MWHC 877 (7 May 2018)
The court granted a landlord-style possession order to a registered proprietor after finding the defendants occupied and fenced land without title, licence, or consent.
Winga v Malawi Housing Corporation (MSCA Civil Appeal No 07 of 2014) [2016] MWSC 128 (25 April 2016)
The Supreme Court of Malawi dismissed an appeal over a house sale, holding that while a contract existed, the buyer’s late payment was a fundamental breach.
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.
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Matiasi v Phiri (Civil Appeal 8 of 2006) [2008] MWHC 224 (9 June 2008)
The High Court allowed an appeal in a land dispute, holding the magistrate lacked jurisdiction because title to land was in issue, so the proceedings were a nullity.
Blantyre Land Registrar v Matoga & Ors.; In Re: Section 145 of The Registered Land Act (Misc. Civil Cause 149 of 2006) [2008] MWHC 68 (13 March 2008)
The High Court held that the magistrate exceeded jurisdiction by ordering transfer of jointly owned registered land in a matrimonial matter, and the caution was allowed to stand.
Mkwamba v Indefund Limited (Civil Cause 1050 of 1989) [1990] MWHC 9 (29 June 1990)
Balance of convenience lies in favour of refusing injunction as plaintiff has been in default, damages are adequate remedy, and defendant is financially capable of paying damages.
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