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High Court of Malawi Commercial Division - 2023

3 judgments
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3 judgments
May 2023
Kamwera t/a KM Building Contractors v Zheijang Communications Construction Group Company (Commercial Case 78 of 2020) [2023] MWCommC 1 (16 May 2023)
Court set aside an irregular private-treaty sale of seized assets, ordered restitution and referrals for investigation.
  • Execution and Sheriff’s Act — validity of ex parte leave to sell by private treaty — statutory sale periods and public auction requirements — admissibility of untested affidavit evidence — collusion in execution process — relief: set aside sale, restitution, criminal and disciplinary referrals.
16 May 2023
April 2023
Londiwa t/a Kaizwanga Investment and General Dealers v Standard Bank plc (Commercial Cause 32 of 2022) [2023] MWCommC 2 (20 April 2023)
Court dismissed a claim as frivolous, vacated injunction, struck out irregular sworn statement and awarded indemnity costs.
  • Civil procedure — strike out for frivolous and vexatious action; Registered Land Act — power of sale exercised in good faith; interlocutory injunction procured by suppression of material facts; sworn statements must state facts not legal argument; remedy for irregular sale is damages, not injunction.
20 April 2023
March 2023
CDH investments Bank LTD v FN investments, Andrew Mumba t/a Blackson Investments and World Vision Malawi [2023] MWCommC 3 (23 March 2023)
Claim against a non‑party assignee dismissed: acknowledgement letters did not create a binding guarantee, claim frivolous.
  • Contract law — privity of contract; assignment of proceeds — acknowledgement vs. guarantee; requirement of acceptance to bind third party; strike out for frivolous and vexatious claims.
23 March 2023