Malawi Case Law

Glens Waterways Limited v Chaima & Ors.

Glens Waterways Limited v Chaima & Ors. (Civil Cause 3283 of 2006) [2018] MWHC 1110 (26 September 2018)

Court

High Court of Malawi

Case number

Civil Cause 3283 of 2006

Summary possession under Order 113 RSC is inappropriate where there is a serious dispute over repatriation obligations, which can only be resolved through a full trial. The matter is also res judicata as it was previously determined by the subordinate court.

Source excerpt

• Summary possession
• Repatriation obligations
• Res judicata
• Employment termination and housing

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Mhone v Somanje & Anor.

Mhone v Somanje & Anor. (Civil Cause 82 of 2013) [2018] MWHC 847 (7 May 2018)

Court

High Court of Malawi

Case number

Civil Cause 82 of 2013

The court granted the plaintiff summary possession of registered land, holding that his title deed and lease outranked the defendants’ occupation without consent.

• Summary possession
• Title to land
• Indefeasibility of title
• Eviction
• Summary-possession
• Title-to-land

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Mthunzi v Khrismisi & Ors.

Mthunzi v Khrismisi & Ors. (Civil Cause 476 of 2013) [2018] MWHC 1092 (2 January 2018)

Court

High Court of Malawi

Case number

Civil Cause 476 of 2013

The High Court dismissed an application for summary possession of land, finding the plaintiff had not proved title to the disputed plot and that ownership was contested.

• Possession of land
• Matrimonial property
• Summary possession
• Title to land
• Possession-of-land
• Matrimonial-property

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Magombo v Sukali

Magombo v Sukali (Civil Cause 22 of 2017) [2017] MWHC 899 (1 August 2017)

Court

High Court of Malawi

Case number

Civil Cause 22 of 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.

• Summary possession
• Land ownership
• Order 113 rsc
• Summary-possession
• Land-ownership
• Civil-procedure

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Kachere v Masiku & Illovo Sugar Malawi LTD (Land Cause 31 of 2016)

Kachere v Masiku & Illovo Sugar Malawi LTD (Land Cause 31 of 2016) [2016] MWHC 744 (1 July 2016)

Court

High Court of Malawi

Case number

Land Cause 31 of 2016

The existence of a real dispute as to title and the defendant's bona fide claim to the land, supported by government action and payment for a lease, preclude the use of summary procedure under Order 113. The defendant is not a trespasser or squatter, and the matter requires a full trial to resolve the competing claims.

Source excerpt

• Summary possession
• Leasehold interests
• Title to land
• Order 113 procedure

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Dhanapala v Jawayardena (Land Cause 12 of 2015)

Dhanapala v Jawayardena (Land Cause 12 of 2015) [2016] MWHC 748 (22 February 2016)

Court

High Court of Malawi

Case number

Land Cause 12 of 2015

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.

• Summary possession
• Order 113 rsc
• Licence and consent in land occupation
• Limitation of summary procedure
• Summary-possession
• Order-113-rsc

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Dhanapala v Jayawardena & Anor. (None)

Dhanapala v Jayawardena & Anor. (None) [2016] MWHC 483 (21 February 2016)

Court

High Court of Malawi

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.

Source excerpt

• Summary possession
• Order 113 rsc
• Licence and consent in land occupation

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Chakwera v Mwechumu

Chakwera v Mwechumu (Civil Cause 215 of 2004) [2007] MWHC 104 (9 October 2007)

Court

High Court of Malawi

Case number

Civil Cause 215 of 2004

The High Court dismissed an application to set aside an order for summary possession of land, holding the defendant was really challenging the order’s correctness by appeal.

• Summary possession
• Setting aside orders
• Title to land
• Delay in proceedings
• Summary-possession
• Set-aside-orders

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