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High Court of Malawi Civil Division - 2022 February

4 judgments
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4 judgments
February 2022
Soko v Chisale (Civil Cause 760 of 2020) [2022] MWHCCiv 47 (24 February 2022)
A bare general-denial defence failing to address material facts may be struck out under Order 7 CPR 2017.
  • Civil procedure — Strike out of defence — Order 7 Rules 6 & 7 CPR 2017 — Bare/general denial and holding defences — Requirement to state material facts and alternative account — Delay and failure to seek leave to amend — Judgment entered.
24 February 2022
Kawalazi Estate Company Limited v Gondwe and Others (Civil Cause 272 of 2021) [2022] MWHCCiv 65 (23 February 2022)
Applicant granted interlocutory injunction restraining respondents from trespass and interference with land; costs awarded pending trial.
  • Interlocutory injunction — trespass — protection of possession and peaceful enjoyment of property — status quo pending trial — demonstrations and Police Act procedures — procedural irregularity in party naming — costs awarded on indemnity if not agreed.
23 February 2022
Nyirongo v Village headwoman Mangwere and Traditional authority Kulunda (Civil Cause 24 of 2016) [2022] MWHCCiv 9 (23 February 2022)
Specific performance denied where purchaser failed to pay balance and vendor resold to a bona fide third party; deposit refunded.
  • Land law — sale of customary land — specific performance — equitable remedy refused where purchaser had not paid balance and land resold to bona fide third party — deposit recoverable under equitable lien.
23 February 2022
Chitenthe Kachali & Ors. v Attorney General (The Inspector General of Police) (Civil Cause 598 of 2018) [2022] MWHCCiv 72 (8 February 2022)
8 February 2022