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High Court of Malawi Commercial Division - 2024 July

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1 judgment
July 2024
Diab Diary Farming Limited v Chiotha t/a Innobuild Limited (Commercial Case 6 of 2023) [2024] MWCommC 4 (5 July 2024)
Court held statute (Insolvency Act) prevails over CPR; receiver appointment required notice, so enforcement suspended.
  • Appointment of receiver — Order 28 r.29 & r.30 CPR — s.78(1) Insolvency Act — conflict between statute and subsidiary rules — requirement of notice to company — service of statutory demand — procedural compliance with sworn statements — s.79 notification by receiver.
5 July 2024