Saonda v Chikaonda (Civil Cause 1374 of 1994) [1994] MWHCCiv 23 (1 December 1994)

IN _TBE HIGH COURT OF ~WI PRINCIPAL REGISTRY CIVIL CAUSE NO. 1374 OF 1994 Between• MRS SAONDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLAINTIFF MR. CH IKAONDA . . . . . . . . . . . . . . . . . . . • . . . . • . . . . . • . . . DEFENDANT and CORAM1 TAMBALA, JUDGE / Chagwanjira of counsel for the plaintiff Mtukane, Official Interpreter -✓ . . /''" .r:-;_'··•,.,, -~~ ·•. •-t ' . ',. ( '~,'I:, R U L I N G This is an application for the granting of an interlocutqry injunction. It is brought under 0.29 of Rules of the supreme Court. It is supported by an affidavit sworn by the plaintiff. - , The facts show that the plaintiff was offered a lease of plot No . NW/109/732 in Ndirande in 1992. Her intention was to develop it to operate a wholesale business. Before the lease was actually issued to her the land was transferred to Blantyre The city Council subsequently approved her city Council. application for lease relating to the plot in issue. It also approved her building plans. The applicant cannot enter the plot because it is being occupied by the respondent who operates his garage bus iness on it. The applicant regards the respondent as a trespas ser. The latter has been offered another plot of land by city council to enable him to vacate the disputed plot. He has not done so. The effect of the injunction sought by the applicant would be the removal of the respondent from the plot and the entry upon it by the applicant. This is one of the remedies which the applicant seeks in the action which is awaiting trial. I think courts s hould be slow to grant that kind of injunction because it would enable a party to an action to get the remedy which he seeks without trial. From the facts of this case it seems to me that since the plot was granted to the applicant she never entered upon it because of the presence of the respondent on it. The effect of the injunction would be to assist Blantyre city to give the applicant vacant possession without Blantyre city counc il asking for that assistance. - 2 - Then it seems to me that the respondent was in occupat ion of the p lot at the time when the lease was offered to the a pplicant. The fact that Blantyre city council has offered him another plot t o enable him to move out of the disputed plot would support that In that case the respondent may have certain rights view. the city council which may be prejudiced if the against in junction is granted. feeling that the granting of the in j unction requested by the applicant would cause serious An injunction is an equitable i njustic e t o the respondent. remedy . It would be contrary to the principles of equity to g r ant a n injunction which would cause injustice. I have a I dismiss the application with costs. MADE Blanty re . in Chambers this 1st day of December, 1994, at l:S\;\,A.,L Lt D. G. TAMBALA JUDGE