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Malawi Supreme Court of Appeal - 2006 May

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1 judgment
May 2006
New Building Society v Mumba (Civil Appeal 26 of 2005) [2006] MWSC 4 (12 May 2006)
Section 71 permits sale by private treaty or auction; reserve-price approval required only for auctions, remedy for irregularity is damages.
  • Registered Land Act s.71 — construction of 'shall' and 'may'; permissive sale by private treaty or public auction; reserve price required only for auctions; duty to act in good faith; remedy for irregular exercise = damages (s.71(3)); injunctions ordinarily not available.
12 May 2006