Thom Njilika v Malawi Revenue Authority Civil Cause No. 320 of 2013

Abstract

This case concerns an application by Thom Njilika seeking an interim and mandatory injunction to compel the Malawi Revenue Authority (MRA) to return goods it had seized during a customs enforcement operation. MRA officers, acting on information suggesting customs offences, entered several premises and seized goods under a magistrate’s warrant. Njilika sued for trespass to goods and sought the injunction, arguing that the seizure was unlawful. Justice Mwaungulu refused the injunction, emphasizing the longstanding equitable principle that courts do not restrain criminal investigations or prosecutions, particularly where alternative remedies exist under the Customs and Excise Act. The court held that the criminal process was the proper forum to resolve whether the seized goods violated customs laws. It further noted that any loss could be compensated with money, and therefore equitable relief was inappropriate. The application was dismissed with costs.