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Malawi Supreme Court of Appeal - 2010 September

2 judgments
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2 judgments
September 2010
Finance Bank of Malawi Ltd v MDC Ltd & Anor. (20 of 2010) [2010] MWSC 17 (15 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
Kutengule & Anor. v General Farming (55 of 2009) [2010] MWSC 29 (1 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