Malawi Supreme Court of Appeal - 2017 February

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2 judgments

Citation	Judgment date
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