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High Court of Malawi Commercial Division - 2024 February

1 judgment
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1 judgment
February 2024
NBS Bank Limited v Kaonga and others (Commercial Case 134 of 2014) [2024] MWCommC 2 (24 February 2024)
Claimant awarded outstanding loan sums with interest; no cogent evidence of fraud; attachment of the family-home interest denied.
  • Commercial law — loan recovery; alleged fraud in creation of surety charge — requirement of cogent evidence for fraud; distinction between default and breach; attachment of beneficial interest in family home; exemplary damages not available for contract default; garnishee as alternative remedy.
24 February 2024