IN THE HIGH COURT OF MALAWI
LILONGWE DISTRICT REGISTRY
CIVIL CASE NO. 286 OF 2003
FARMERS WORLD LIMITED PLAINTIFF
CHAMWABVI GROUP LIMITED ...1ST DEFENDANT
KAMZATI M. CHOMBO . .2ND DEFENDANT
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