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All courts - 2013 November

2 judgments

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2 judgments


November 2013
Maranatha International Academy Ltd v Petroda (Malawi) Ltd (Civil Cause 466 of 2013) [2013] MWHC 1 (26 November 2013) Interim injunction refused where landlord’s common-law right to distrain for rent persisted and damages were adequate. Civil procedure — interim injunctions — American Cyanamid principles; landlord’s common-law right to distrain for rent; adequacy of damages and undertaking as to damages; role of Sheriff and warrants of distress; balance of convenience in commercial tenancy disputes.	26 November 2013
Chimtengo v Memayako & Ors. (None) [2013] MWHC 485 (14 November 2013) An interim injunction preventing installation of a village head was refused where the claimant lacked a good arguable succession claim. Civil Procedure — Interim Injunctions — Test for grant: serious question to be tried, adequacy of damages, balance of convenience — American Cyanamid principles Customary Law — Chieftaincy Succession — Rightful heir and proof of customary succession — Role of custodians of custom Remedies — Adequacy of damages and preservation of status quo ante — Irreparable harm in office disputes	14 November 2013