Court Grants Interlocutory Injunction Restraining Operations of Harvey’s Gardens in Blantyre

Between: Blantyre City Council and 8 Others (Claimants) -And- Ellen Kansawa t/a Harvey’s Gardens / Kaya Lounge (1st Defendant) -And- Evelyn Kansawa t/a Harvey’s Gardens / Kaya Lounge (2nd Defendant)

Blantyre – 22nd October 2025

(Civil Cause No. 81 of 2025 – Before Honourable Justice Mandala D. Mambulasa)

The High Court of Malawi has granted an interlocutory injunction restraining Ms. Evelyn Kansawa, trading as Harvey’s Gardens / Kaya Lounge, from hosting social events at the premises located at Mount Pleasant in Blantyre. The injunction remains in force until the full hearing and determination of the case.

Blantyre City Council and eight residents of Mount Pleasant sought an injunction to restrain the defendants from hosting social events, alleging that the operations of Harvey’s Gardens caused excessive noise and were in violation of a stop notice issued under section 59 (1) of the Physical Planning Act. The claimants contended that the defendants continued to host events despite being directed to cease operations.

The defendants, through their counsel, opposed the application, arguing that the 1st Defendant was wrongly sued as she is not the business owner. They also claimed that the events conducted at the premises were within reasonable sound levels and mostly occurred during the day. Further, they claimed that the City Council had earlier advised that a garden did not require development permission, and the stop notice was therefore unfair. The claimants also wondered how other entertainment venues in the same area, such as “Way Out Bar,” which produced louder music, had not faced similar legal action.

The Court found that there were serious questions to be tried regarding whether the defendants were operating the events garden without the required development permission under the Physical Planning Act, and whether their activities constituted a nuisance through excessive noise pollution. It also considered whether damages would not be an adequate remedy to the claimants’ claim, to which the Court said damages would not be an adequate remedy to the claimants, especially because the nuisance in this case is ongoing and cannot really be quantified in monetary terms.

Delivering his ruling, Honourable Justice Mandala Mambulasa held that the balance of justice favoured the claimants, Blantyre City Council and eight Mount Pleasant residents, who had complained of persistent noise and obstruction caused by events held at the venue. Granting the injunction was justified to uphold the Council’s statutory duty to prevent nuisances and protect residents’ right to a clean and healthy environment. Failure to grant the injunction would render the City Council powerless to enforce its statutory responsibilities.

Justice Mambulasa emphasized that noise pollution is both a public health and environmental concern, regulated under various statutes, including the Local Government Act, Public Health Act, and the Environmental Management Act. He stated that it would not be just to allow the defendants to continue operating in contravention of the law and to the discomfort of residents.

Not granting the interlocutory order of injunction sought by the claimants would also mean that the court would indirectly be aiding and abetting the commission of a criminal offence or violation of the law by the 2nd defendant under various statutes as we have seen. A court of law should never do that as its core responsibility is to protect and enforce all laws.

The order will take effect from 1st December 2025 so as not to disturb those that may already have booked the venue between now and 30th November.

Each party was ordered to bear its own costs.

Access the full Ruling: https://www.judiciary.mw/node/83