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High Court of Malawi Civil Division - 1993 August

4 judgments
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4 judgments
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Judgment date
August 1993
Seyani v Meyer (Civil Cause 101 of 1993) [1993] MWHCCiv 9 (27 August 1993)
Court refused to discharge interlocutory injunction where defendant had notice but no inter partes hearing and irreparable harm risk existed.
Interlocutory injunction — ex parte v inter partes — notice and absence of hearing — discharge of injunction under Order 29/1/17 RSC — preservation of status quo — irreparable harm — disputes of fact not resolvable on affidavits.
 27 August 1993
Munthali v Mwakasungula (Civil Cause 125 of 1987) [1993] MWHCCiv 16 (26 August 1993)
Enforcement adjourned; sale of debtor’s house refused pending taxation of plaintiff’s bill of costs and resolution of set‑off.
Civil procedure – execution and stay – payment by instalments – set‑off where opposing party has un‑taxed bill of costs – taxation of costs before enforcement – sale of debtor’s property – fairness in interim enforcement orders.
 26 August 1993
Robray Ltd v Hasco Ltd (Civil Cause 525 of 1993) [1993] MWHCCiv 50 (24 August 1993)
A non‑defendant firm lacked locus standi to set aside a default judgment against a limited company; proper remedy was notice of claim or intervention.
Civil procedure — Default judgment — Locus standi of third parties to apply to set aside — Order 13 Rule 9 — Inherent jurisdiction to prevent substantial injustice — Wrongful seizure of third‑party goods; notice of claim and intervention remedies.
 24 August 1993
Mobil Oil Malawi Limited v Mutsinze (Civil Cause 1510 of 1992) [1993] MWHCCiv 44 (6 August 1993)
Interim injunction granted where employee's licence to occupy employer-provided house ended on resignation and damages inadequate.
Interim injunctions – American Cyanamid principles – licence to occupy employer-provided housing – termination of licence on resignation – balance of convenience – Registered Land Act inapplicability.
 6 August 1993