Farmers World Ltd v Chamwabvi Group Ltd and Another (Civil Case No 286 of 2003) ((Civil Case No 286 of 2003)) [2006] MWHC 32 (01 January 2006);

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IN THE HIGH COURT OF MALAWI

LILONGWE DISTRICT REGISTRY

CIVIL CASE NO. 286 OF 2003


BETWEEN

FARMERS WORLD LIMITED……………………………PLAINTIFF


-AND-


CHAMWABVI GROUP LIMITED………………...1ST DEFENDANT


KAMZATI M. CHOMBO….……………………….2ND DEFENDANT



REGISTRAR’S STATEMNT


My Lords,


The facts of this case are that on the 2nd of July 2004 the plaintiffs took out originating summons seeking the courts determination as to who was the legal owner of warehouses situate on plot number 124 at Kasungu, which buildings the plaintiff was renting. This was on the premise of a long standing land dispute between the First and Second Defendants, which dispute was having a negative impact on the plaintiffs’ business.


Having heard the Originating Summons, the court ruled that the second defendant should take possession of the warehouses as there was no dispute that he was the owner of the land on which they were built and therefore formed part of the same.


The first defendant being dissatisfied with the decision of Justice Nyirenda applies to this court for the reversal of the whole decision on the grounds that the court erred in law in holding that the warehouses belong to the second defendant. In this regard, the first defendant would also like to adduce fresh evidence on the matter before the court.


Dated this………………………day of…………………………………2006








SENIOR DEPUTY REGISTRAR