Mkandawire & Anor. v Tropha Estate Limited & Anor. (Mediator's Report) (Civil Cause No. 142 of 2017) [2017] MWHC 819 (11 September 2017);

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Headnote and Holding: 

This was a mediation report regarding an action commenced by the plaintiffs against the installation of a water pump and other construction works on what was believed to be customary land. The plaintiffs sought to restrain the defendant from interfering with their customary rights on the land. They contended that the water pump installation plan violated their right to the use and enjoyment of their customary land. The matter was set for mediation.

The issue for resolution was whether the project interfered with the customary land held by the plaintiffs.

An agreement was reached by the parties to the effect that  the project was located in an intersection of the road reserve which was public land pursuant to the Waterworks Act and that the defendants had obtained the requisite authority to install the water pump and related works. The proposed construction of the water pump was therefore not in violation of any customary rights for as long as it was restricted within the road reserve. Accordingly, the matter was resolved.