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High Court of Malawi - 1990 May

4 judgments
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4 judgments
May 1990
In the matter of Centraf Associates Limited and In the matter of the Company Act (Civil Cause 434 of 1989) [1990] MWHC 3 (21 May 1990)
Company wound up under s213 after failing to satisfy undisputed judgment debts and not opposing the petition.
  • Companies Act s213 — Winding-up petition — Inability to pay debts established by judgment debt — Execution returned unexecuted — Supporting creditor — Court’s discretion to wind up — Costs taxed and paid from company assets.
21 May 1990
Banda v Pitman (Civil Cause 558 of 1988) [1990] MWHC 32 (18 May 1990)
18 May 1990
Namalomba v Namalomba (Civil Cause 16 of 1988) [1990] MWHC 36 (18 May 1990)
18 May 1990
Msonda v The New Building Society (Civil Cause 995 of 1989) [1990] MWHC 5 (11 May 1990)
Mortgagee validly exercised power of sale; sale extinguished redemption right, respondent must render account and pay any surplus with interest.
  • Mortgage law — equity of redemption extinguished by valid exercise of power of sale; Conveyancing Acts applicable; statutory pre‑sale notice under Land Act creates penalty but does not void sale; auction irregularities give remedy in damages only; mortgagee a trustee of surplus proceeds — duty to render account and stop interest running after sale.
11 May 1990