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Malawi Supreme Court of Appeal - 2017 February

3 judgments
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3 judgments
February 2017
Chaponda & Anor.|Ex Parte: Kajoloweka & Ors. (MSCA Civil Appeal 5 of 2017) [2017] MWSC 2 (8 February 2017)
An ex parte interim injunction against a minister, granted without a proper application or evidence, was vacated; judicial review procedure must follow CPR 1998.
  • Civil procedure — Judicial review procedure (Part 54 CPR 1998) — Interim remedies (Part 25) — Ex parte interlocutory injunctions — Vacatur where no specific application or evidence — Grant of leave does not automatically result in injunction or stay — Commissions of inquiry — resignation/suspension of public officers — interpretation of "Rules of the Supreme Court 1999" as CPR 1998 (26 April 1999).
8 February 2017
Chirwa v Karim & Anor. (MSCA Civil Appeal 1 of 2016) [2017] MWSC 3 (8 February 2017)
The appellant's purchase and possession of customary land created an equitable proprietary interest defeating the first respondent's later lease.
  • [Customary land] Nature of customary land title; sui generis proprietary interest; vesting in President does not negate intermediary proprietary rights; sale/alienation of customary land subject to customary law; equitable interest arising on contract and part performance/possession; purchaser in possession gives notice; appellate rehearing powers; trespass and damages for unlawful construction.
8 February 2017
Rachel Sophie Sikwese v Gracian Zibelu Banda (Matrimonial Cause 34 of 2013; MSCA Civil Appeal 76 of 2015) [2017] MWSC 27 (2 February 2017)
Where joint ownership was intended but contributions are indeterminate, courts may award each party a 50% beneficial interest.
  • Family law — division of matrimonial property; matrimonial/home converted properties — equality is equity where contributions indeterminate; contribution to development as basis for beneficial interest; household expenditures insufficiently particularised to establish proprietary claim; custody does not automatically entitle provision of a home; child maintenance and school fees — shared responsibility
2 February 2017