Malawi Case Law

Agrofund International Limited and 3 Others v FDH Bank PLC

Agrofund International Limited and 3 Others v FDH Bank PLC (Commercial Cause 191 of 2023) [2024] MWHC 47 (3 September 2024)

Court

High Court of Malawi

Case number

Commercial Cause 191 of 2023

There are serious issues to be tried regarding the computation of the outstanding loan, the inclusion of unutilized guarantees and penalty interest, and the adequacy of security registration for subsequent loans. Damages would not be an adequate remedy due to the unique nature of the property. The Defendant's failure to provide a detailed loan statement and to perfect security raises substantial questions. Therefore, the interlocutory injunction should be maintained and summary disposal is inappropriate.

Source excerpt

• Interlocutory injunctions
• Bank-customer relationship
• Loan security
• Mortgage and charges
• Summary disposal
• Registered land act compliance

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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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Kasema v National Bank of Malawi

Kasema v National Bank of Malawi (Civil Cause 2299 of 2001) [2001] MWHC 47 (2 October 2001)

Court

High Court of Malawi

Case number

Civil Cause 2299 of 2001

The High Court vacated an interim injunction against sale of charged property, holding the statutory notice had been given and the sale had already been completed.

• Mortgage enforcement
• Interim injunctions
• Registered land act compliance
• Remedies for irregular sale
• Interim-injunctions
• Mortgage-enforcement

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Mkhumbwe v National Bank of Malawi

Mkhumbwe v National Bank of Malawi (Civil Cause 2702 of 2000) [2000] MWHC 34 (9 December 2000)

Court

High Court of Malawi

Case number

Civil Cause 2702 of 2000

High Court of Malawi refused an injunction to stop a bank’s sale of charged property, holding the bank complied with statutory notice rules and any irregularities sounded in damages.

• Mortgage enforcement
• Power of sale
• Injunctions
• Registered land act compliance
• Mortgage-enforcement
• Power-of-sale

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Mkhumbwe v National Bank of Malawi

Mkhumbwe v National Bank of Malawi (Civil Cause 2702 of 2000) [2000] MWHC 41 (10 November 2000)

Court

High Court of Malawi

Case number

Civil Cause 2702 of 2000

The High Court refused an injunction to stop a bank’s sale of charged property, holding that the bank complied with notice requirements and that any irregularity sounded in damages.

• Mortgage enforcement
• Power of sale
• Injunctions
• Registered land act compliance
• Mortgage-enforcement
• Power-of-sale

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