IN
THE HIGH COURT OF MALAWI

LILONGWE
DISTRICT REGISTRY

CIVIL
CAUSE NO. 01 OF 2006

BETWEEN:

W.
KAYIRA………………………………….. ……….1^ST
APPLICANT

-AND-

L.
KAYIRA ……………………………………………..2^ND
APPLICANT

-AND-

ROBERT
BANDA CHIGONEKA

AND
5 OTHERS ………………………………………DEFENDANT

CORAM: HON.
JUSTICE CHINANGWA

Lungu : Counsel
for the Applicants

DSL.
Kumange : Counsel for the Defendant

M.
Gonaulinji : Court Interpreter/Operator

RULING

Upon reading the
affidavits and hearing counsel from both sides. This court is more
than convinced that there are pertinent issues
which require trial
for determination. For example the allegation of fraud on the part
of defendants. The defendants do admit
certain items on the claim
list, but put plaintiffs on strict prove of other items. If the
prayer for an injunction is rejected,
Lilongwe Water Board would
proceeds to make loan payments to the current occupant. That would
appear as though the right of the
plaintiffs is of no consequence.
Indeed the injunction is not a final determination of a case but a
temporary measure only. It
is this court’s view that there is
exist sufficient reason to justify granting of the injunction. The
order of injunction is
granted on conditions as prayed.

Pronounced in
Chambers this 9^th
day of March 2006 at Lilongwe District Registry.

R.R.
CHINANGWA

JUDGE