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High Court of Malawi - 2005 July

3 judgments
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3 judgments
July 2005
Norse Interanational Limited v Group Five International (2309 of 1995) [2005] MWHC 11 (31 July 2005)
Failure to file the mandatory interpleader affidavit is fatal; counsel-sworn hearsay affidavits are inadmissible.
  • Civil procedure — Interpleader (Order 17) — mandatory claimant affidavit within 14 days — admissibility of affidavits (Order 41 r.5) — counsel-sworn hearsay expunged — failure to comply fatal — Sheriff authorized to sell seized goods
31 July 2005
Tembo v Finance Bank of Malawi Ltd & Anor. (286 of 2005) [2005] MWHC 10 (17 July 2005)
An eviction judgment obtained without joining a person in actual possession can be set aside to allow them to defend their interest.
  • Civil procedure — possession of land — non-joinder of person in actual possession — setting aside judgment and eviction obtained without hearing — Order 15 Rule 10 — right to be heard and procedural fairness
17 July 2005
Nyirongo v Society For The Advancement of Women & Anor. (725 of 2004) [2005] MWHC 120 (4 July 2005)
An appeal does not stay execution and statutory delay for solicitor’s bills does not bar enforcing an order on taxation.
  • Civil procedure — Garnishee proceedings — Order Nisi — Enforcement of order on taxation — Statutory one‑month delay for solicitor’s bill inapplicable — Appeal does not stay execution (Order 18 r 1(4))
4 July 2005