Malawi Supreme Court of Appeal - 2016 April

2 judgments

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2 judgments
Citation
Judgment date
April 2016
Employees’ statutory priority on insolvency does not defeat a mortgagee’s proprietary rights over charged property absent winding-up or a subsisting floating charge.
Employment law – s34(3)(d) Employment Act – priority of employee claims on insolvency or winding up – does not trump proprietary rights of mortgagee/chargee over charged property.; Companies Act – debenture/charge – mortgage as debenture; floating charge v fixed charge – crystallisation on demand and appointment of receiver; Registered Land Act s72 – application of sale proceeds of charged property; receivership by chargee distinct from insolvency or winding-up.
25 April 2016
Prolonged failure to pay purchase price repudiated the sale; registration did not defeat seller's lien or bar repudiation.
Contract for sale of land – existence of contract despite staged completion; time for payment not prima facie of the essence; prolonged non-payment as repudiation; vendor’s lien and overriding interests under Registered Land Act preserved; laches and clean hands bar specific performance.
25 April 2016