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High Court of Malawi - 1993 August

3 judgments
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3 judgments
August 1993
Bashir and Mussa v Universal Motors (Civil Cause 437 of 1993) [1993] MWHC 23 (26 August 1993)
Fixed-term lease expired; tenant in arrears; no unlawful subletting; landlord entitled to immediate possession and costs.
  • Landlord and tenant — fixed-term lease — automatic expiry on term end; no notice to quit required — non-payment of rent justified forfeiture of tenancy; covenant against subletting not breached where tenant retained possession; third-party claim does not permit tenant to withhold rent.
26 August 1993
Robray Limited v Hasco Limited (Civil Cause 525 of 1993) [1993] MWHC 36 (24 August 1993)
Applicant lacked locus standi to set aside the respondent's default judgment; interpleader was the proper remedy for seized goods.
  • Locus standi; Order 13 Rule 9; setting aside default judgment; third‑party interest; wrongful seizure; interpleader; procedural requirements for intervention.
24 August 1993
Mobil Oil ( Malawi) Limited v Mutsinze (Civil Cause 1510 of 1992) [1993] MWHC 18 (6 August 1993)
Whether a resigned employee may remain in employer‑provided accommodation pending trial of possession proceedings.
  • Interim injunctions — American Cyanamid test — licence to occupy employer‑provided housing — resignation terminates licence — Registered Land Act inapplicable — balance of convenience; adequacy of damages.
6 August 1993