Précis
If I was not dismissing the application for want of jurisdiction, I was, on principle going
to grant an injunction pending appeal.
Background
The appellant borrowed money from the respondent under a mortgage covering property
in the southern region, outside Blantyre City. After necessary notices, the respondent purported
exercising its power of sale. The appellant, startled, fervently and hurriedly sued the respondent Mulli Brothers Ltd v Malawi Savings Bank Ltd (2014) Civil Appeal No. 48 Mwaungulu JA
claiming, among other things, payment rescheduling. The respondent counterclaimed for the
money due on the loan and interest. Two days before the court below delivered judgment, the
parties applied to the court not to deliver judgment because of a compromise based on which the
parties were to file a consent order. Curiously, the Court below, refusing even to file it, never
heard the application and, nevertheless, delivered its judgment, probably already written but not
circulated to the parties under Practice Statement (Supreme Court: Judgments) [1998] 1 WLR
825, stating: 