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Principal Registry - 2023 August

3 judgments
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3 judgments
August 2023
Anglican Diocese of Upper Shire and 4 Others v Church of Province of Central Africa and Another (Civil Cause 328 of 2022) [2023] MWHC 107 (31 August 2023)
Applications for interlocutory injunction and declaratory orders dismissed for procedural non-compliance and absence of a commenced proceeding.
  • Civil procedure — Interlocutory injunctions — Order 10 r8: mandatory pre-proceeding requirements; Declaratory relief — Order 19 r27: requires existing proceeding; Service outside jurisdiction — Order 8 r30; Service by email — Order 8 r8; Legal capacity and locus standi to sue; Curability of defects in sworn statements.
31 August 2023
Chokotho v FDH Bank PLC (Commercial Cause 14 of 2023) [2023] MWHC 108 (8 August 2023)
A concluded private-treaty mortgage sale cannot be re-opened; aggrieved chargor's remedy is damages, not injunction.
  • Registered Land Act — power of sale — private treaty sales permitted; reserve price applies to auctions only — remedy for completed sale is damages, not re-opening; interlocutory injunction void where material facts (completed sale) were not disclosed in a without-notice application; Loans Recovery Act inapplicable to statutory power of sale.
8 August 2023
RSC Limited v Mota Engil Engenharia Construcao Africa (Commercial Cause 485 of 2021) [2023] MWHC 94 (1 August 2023)
No proven waiver of interest; assessment deferred pending judicial determination of the cut-off date for interest calculation.
  • Commercial disputes — interest on judgment debt — allegation of waiver of interest: burden of proof on alleging party; dispute over cut-off date for interest computation—issue referred to Judge under Order 25 r.2 CPR 2017; assessment of quantum deferred.
1 August 2023