Malawi Supreme Court of Appeal - 2010 September

2 judgments

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2 judgments
Citation
Judgment date
September 2010
Whether an agent properly joined could withhold sale proceeds as set-off, and whether an enforcement order unlawfully excluded its liability.
Joinder of parties – Proper joinder of agent to enable determination of entitlement to sale proceeds; Set-off and agency – Agent’s authority and unlawful retention of sale proceeds; Enforcement of judgment – Subsequent enforcement order cannot vary prior substantive ruling to exclude liable party; Interest on withheld funds – entitlement and assessment.
15 September 2010
Affixing a writ under Order 10 r 4 without prior application is irregular; respondent’s possession and prohibitory injunction upheld.
Civil procedure – Service of writ for possession – Order 10 r 4 (service by affixing) requires prior application and court/registrar satisfaction; exception to personal service. Irregularity v nullity – Order 21 r 1. Trespass to land – possession vs title; customary land not transferable by private sale
Injunctions – prohibitory injunction appropriate to preserve status quo ante
1 September 2010