Reserve Bank of Malawi v Mtambo (None) [2015] MWHC 486 (15 December 2015)

REPUBLIC OF MALAWI MALAWI JUDICIARY IN THE HIGH COURT OF MALAWI MZUZU DISTRICT REGISTRY CIVIL CAUSE NO. 287 OF 2015 BETWEEN RESERVE BANK OF MALAWI ……..……………………… PLAINTIFF -and- MR. ANDREW MTAMBO ………….……………………… DEFENDANT Coram : Honorable Mr. Justice D. T. K. Madise Mr. T. C. Nyirenda Counsel for the Plaintiff Defendant/Present unrepresented Mr. A. M. Mhone Official Interpreter Mr. C. B. Mutinti Court Reporter Madise, J JUDGMENT 1.0 Introduction 1.1 The Plaintiff took out originating summons on 20 October 2015 against the Defendant for trespass to the land. The Plaintiff has filed three affidavits in support of the summons. These are: 1. Mennan Misolo Reserve Bank of Malawi. 2. Anold Thumba Regional Commissioner for Lands. 3. Masida Mbano Regional Survey General (N). 1.2 These are all agreEd that indeed the Defendant has trespassed on the Plaintiff’s land by 1.789m by 0.588m. 1.3 The Defendant has not opposed the summons. There have not filed a single document in opposition. 2.0 Finding 2.1 I therefore, looking at the summons as supported by the three affidavits find that the Defendant has encroached into the Plaintiff’s land and I grant the reliefs sought in the originating summons. 3.0 Costs The Defendant is condemned in costs of the action. Pronounced in Open Court at Mzuzu in the Republic this 16th day of December, 2015. Dingiswayo Madise JUDGE 3