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Lilongwe Registry-commercial division - 2023

2 judgments
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2 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
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