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Principal Registry - 2000 October

2 judgments
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2 judgments
October 2000
Chikumbanje v INDEFUND LTD (Civil Cause 3213 of 2000) [2000] MWHC 47 (23 October 2000)
The applicant's interlocutory injunction to restrain sale dismissed for failure to show irreparable harm and due to loan defaults.
  • Interlocutory injunction — Registered Land Act — notice period — reserve price and Lands Registrar approval — variation by charge/loan agreement — irreparable harm — balance of convenience — clean hands — loan default — right of chargee to realize security
23 October 2000
Oil Company of Malawi (1978) LTD v Chibwana t/a Dowa Filling Station (Civil Cause 152 of 2000) [2000] MWHC 53 (4 October 2000)
Default judgment set aside where defendant’s affidavit established a prima facie meritorious defence and counterclaim.
  • Civil procedure — Setting aside default judgment (Order 13 Rule 9(2)) — Requirement to show a meritorious defence on affidavit — Plaintiff’s opposing affidavit on merits disregarded — Alleged counterclaim for breach of contract (under‑supply, unpaid rebates, removal of pumps).
4 October 2000