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Lilongwe District Registry - 2001

2 judgments

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2 judgments


November 2001
Chilemba v New Building Society (NBS) (Civil Cause 131 of 2000) [2001] MWHC 81 (9 November 2001) Court refused injunction preventing mortgagee’s contractual power of sale; plaintiff lacked a good arguable case. Civil procedure — interlocutory injunction — application of American Cyanamid test; Mortgage law — contractual power of sale — courts reluctant to restrain a bona fide exercise of power of sale under a legal charge.	9 November 2001
February 2001
Malawi Human Rights Commission v Attorney General (Miscellaneous Cause 1119 of 2000) [2001] MWHC 106 (9 February 2001) Whether the Human Rights Commission may sue in its own name and when it must consult affected persons. Human Rights Commission — constitutional and statutory powers — Sections 129 and 130 Constitution; Section 12 Human Rights Commission Act — capacity and standing to sue suo motu or in representative capacity — prohibition on exercising judicial or legislative functions — requirement to consult affected persons before instituting suit — leave for judicial review refused.	9 February 2001