Malawi Case Law

NBS Bank Limited v Kaonga and others

NBS Bank Limited v Kaonga and others (Commercial Case 134 of 2014) [2024] MWCommC 2 (24 February 2024)

Court

High Court of Malawi Commercial Division

Case number

Commercial Case 134 of 2014

There was no cogent evidence of fraud by the defendants; the matter is one of outstanding debt. The 1st and 2nd defendants are liable for the sums claimed plus interest. Claims for attachment of the 3rd defendant’s beneficial interest and for general and exemplary damages fail. Order for delivery of vehicles is granted if recovery is possible.

Source excerpt

• Loan default
• Security for loans
• Fraud allegations
• Breach of contract
• Damages
• Attachment of property

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Kamwangala v Stanbic Bank (65 of 2007)

Kamwangala v Stanbic Bank (65 of 2007) [2007] MWHC 97 (30 August 2007)

Court

High Court of Malawi

Case number

65 of 2007

The High Court of Malawi dismissed an injunction application to stop sale of secured property, holding it was technically incompetent because no substantive action supported it.

• Injunctions
• Loan recovery
• Security for loans
• Loan-recovery
• Security-for-loans
• Civil-procedure

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Matumula v Stanbic Bank Ltd (779 of 2006)

Matumula v Stanbic Bank Ltd (779 of 2006) [2006] MWHC 6 (12 April 2006)

Court

High Court of Malawi

Case number

779 of 2006

The High Court of Malawi discharged an ex parte injunction after finding the plaintiff had not made full and frank disclosure about the overdraft and pledged security.

• Injunctions
• Overdrafts
• Security for loans
• Full disclosure
• Interlocutory-injunctions
• Full-disclosure

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