Malisita & Ors. v Group Villiage Headman Sakhama (Civil Cause 66 of 2018) [2018] MWHC 752 (4 July 2018)

Case summary

The matter dealt with an application for an order of interlocutory injunction restraining the defendant from entering, cultivating and burning bricks on the claimant's farm lands pending the hearing and determination of this matter or until a further order of the court.

The court considered whether it should grant an order of interlocutory injunction or dismiss the application. An interlocutory injunction is a temporary and exceptional remedy which is available before the rights of the parties have been finally determined. 

When considering an application for injunctions, the following principles apply:
1) as long as there is a serious question to be tried, a prima facie case does not have to be shown;
2) whether the plaintiff would be adequately compensated by damages for the loss if they succeed;
3) whether the defendant would be adequately compensated if the plaintiff fails;
4) consider all matters relevant to the balance of convenience;
5) consider the relative strength of each party’s case. 

In this case, according to the claimants' own evidence, each of them received a court order to the effect that the judgement of the First Grade Magistrate Court sitting at Mulanje extended to the claimants. Therefore, the court order had to continue to apply until, if at all, a contrary decision was made in the substantive action. 

Application for interlocutory injunction dismissed.

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