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Malawi decisions
Decisions matching the current search
Ngwira v Ngwira & Chiumia (Miscellaneous Civil Case 36 of 2018) [2024] MWHCCiv 22 (24 April 2024)
The High Court of Malawi held that Francis Ngwira proved ownership of Plot 25/SQ/73, rejected the 2nd defendant’s bona fide purchaser defence, and granted injunctive relief.
Chavula v Singini (Land Case 141 of 2020) [2021] MWHC 8 (4 January 2021)
The High Court of Malawi granted an interlocutory injunction stopping construction on disputed land pending trial, finding a serious ownership dispute and inadequate damages.
Mhango v Chabwera (Land Case 13 of 2018) [2018] MWHC 867 (28 September 2018)
The High Court of Malawi continued an interlocutory injunction in a land dispute and refused joinder of Malawi Housing Corporation as a party.
Malisita & Ors. v Group Villiage Headman Sakhama (Civil Cause 66 of 2018) [2018] MWHC 752 (4 July 2018)
The High Court of Malawi dismissed an application for interlocutory injunction over customary land, holding the complained-of acts were based on a subsisting court order.
Mhone v Somanje & Anor. (Civil Cause 82 of 2013) [2018] MWHC 847 (7 May 2018)
The court granted the plaintiff summary possession of registered land, holding that his title deed and lease outranked the defendants’ occupation without consent.
Mthunzi v Khrismisi & Ors. (Civil Cause 476 of 2013) [2018] MWHC 1092 (2 January 2018)
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.
Mhango v Banda & Ors. (Civil Cause 215 of 2015) [2017] MWHCCiv 14 (4 April 2017)
The applicant failed to provide clear and unambiguous evidence of her right to claim over the land, and there was no evidence of eviction. The balance of convenience does not favour granting the injunction.
Source excerpt
Kachere v Masiku & Illovo Sugar Malawi LTD (Land Cause 31 of 2016) [2016] MWHC 744 (1 July 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
Makutu & Anor. v Nyasulu (Civil Cause 502 of 2012) [2016] MWHC 724 (8 April 2016)
The High Court held that the deceased had no title to the plot, so the family could not challenge the sale. The defendant was found to hold title and the suit was dismissed with costs.
Registered Trustees of Mchinji Roman Catholic Church v Maneto & Ors. (Civil Cause 791 of 2008) [2016] MWHC 711 (16 March 2016)
The High Court of Malawi held that the plaintiff leaseholder was entitled to possession of land registered as No. 81930 and ordered the defendants to vacate.
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