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High Court of Malawi Civil Division - 2017 May

3 judgments
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3 judgments
May 2017
Madikhula v Goba (Civil Cause 2 of 2017) [2017] MWHCCiv 17 (22 May 2017)
Plaintiff’s interim licence failed to establish user rights; injunction vacated and respondent awarded possession, damages and costs.
  • Customary land — user and occupation rights — validity of ex parte interlocutory injunction — licence versus proprietary title — effect of magistrate court default judgment — locus standi of a licensee to sue third parties — remedies: possession, mandatory injunction, damages, costs.
22 May 2017
Mlenje v Mlenje and 2 Others (Civil Cause 102 of 2016) [2017] MWHCCiv 19 (9 May 2017)
Plaintiff failed to prove ownership; title remained in the deceased, defendants lawfully administered estate and were registered proprietors.
  • Property law — ownership and title deeds — burden of proof on balance of probabilities — letters of administration and registration by transmission — ex parte injunction vacated for suppression of material facts — entitlement to quiet possession and payment of rent.
9 May 2017
Mulauzi (as personal representative and administratix of MJ. Mulauzi) v ESCOM LIMITED (Civil Cause 307 of 2007) [2017] MWHCCiv 9 (8 May 2017)
Wrongful electricity billing and disconnection led to loss‑of‑business awards, refund with interest, and nominal slander damages.
  • Electricity supply — wrongful billing and disconnection — assessment of damages for loss of business and profits — refund of wrongfully paid sums with interest — nominal damages for slander — costs and enforcement.
8 May 2017