IN THE HIGH COURT OF MALAWI
CIVIL CAUSE NUMBER 1210 OF 2008
THE REGISTERED TRUSTEES OF THE
CHURCH OF GOD OF PROPHECY
CORAM: THE HONOURABLE JUSTICE E. B. TWEA
Mr Tembo, of Counsel for
Absent, of Counsel for the defendant
M. Manda Official Interpreter
J U D G M E N T
This is an interparte application for an injunction.
The plaintiffs, the registered trustees of the Church of
God of Prophecy claim that the defendant, Mr Kondwani Mkisi, is
on their land.
The facts of the case are that the plaintiffs claim that
they bought the land in issue from one Mr Duncan Theu. This land is
and is within the boundaries of Blantyre City Assembly.
On the other hand the defendant claims that he bought
the land from Dr Jana. Dr Janas averred in his affidavit that he
the land from one Thom Dumba, now deceased, and that the land
was customary land.
The defendant called into question whether or not the
parties were referring to one and the same piece of land because the
are different. One thing is clear though, the land which
the plaintiff is claiming is adjudicated while as the land the
is claiming is not. Further, that the land the defendant
is claiming is customary land. Such land is subject to Sections 25
the Land Act. It belongs to the people of Malawi and is vested in
perpetuity in the President. No single individual has title
and hence it cannot be alienated by sale. For this reason, one
cannot acquire title to customary land. One can only acquire
right to use the land: Hon David Faiti
Vs Kandiado Civil Cause 1412 of 2005
(unreported). See also Mkoka Vs Banda
and Another  15 MLR 278 and J.
Namalamba Vs. Village Headman Mwalabu Civil Cause No. 11 of 2007
From the facts before me, I find that if the land is
adjudicated and within the boundaries of the Blantyre City Assembly,
who purported to pass title to Dr Jana would have
done so illegally. I therefore find that there is an arguable case
for the plaintiff
and I grant the interlocutory injunction on the
condition that he makes and undertaking to pay damages.
Pronounced in Chambers
this 11th day of
July 2008 at Blantyre.
E. B. Twea