Malawi Commercial Court Division has rebuffed an application by the Mpico Limited, the Malawi Stock Exchange (MSE)-listed property management firm, in which it was seeking court intervention to order Alenga Holdings of Polesana Temba to stop developing the piece of land commonly known as the Area 12 PTC in Lilongwe.
Delivering the ruling, Commercial court judge Justice Ken Manda dismissed Mpico’s application saying it lacks substance.
“From the foregoing, it is thus my finding that there is no serious commercial issue to be tried in this instance warranting the grant of an injunction by this court,” Manda ruled in a decision seen by Nyasa Times.
He said Mpico’s application for an order of injunction is thus “misconceived” and dismissed it with costs.
The judge said in an application where an order of injunction is sought, the normal test is that there be at least a serious question to be tried and then refers to adequacy of damages and the balance of convenience.
He said the court did not find any commercial issue to be tried.
“In an application for an order of injunction the question is always whether there is an issue to be tried and if so, what is the issue to be tried,” he said.
He concluded by reiterating the fact that “this is definitely not a commercial matter and as such it should not have been brought before this court.”
Mpico dragged Tembo to Lilongwe Commercial Court in their quest of stopping her from developing the place.
Tembo contracted Chinese Company to build shops and office park at her Area 12 PTC plot.
In the summons, Mpico claim from Tembo damages for trespassing, and interfering with business.
The Commercial court challenged Mpico to prove how the construction project is affecting business.
Mpico, a leading provider of property solutions has 28 properties across the country including the Getaway Mall and Central House Arcade in Lilongwe’s City Centre valued at over MK35 billion.
Tembo’s Alenga Limited was incorporated in 2018. She owns 100% shareholding of the business.
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