Skip to document content Skip to main menu Skip to search

High Court of Malawi - 1993 June

1 judgment

Advanced search

Browse by year

Browse by month

Filter documents by title

Sort documents by

1 judgment

June 1993

Zangazanga. v Old Mutual Malawi Limited (Civil Cause 18 of 1993) [1993] MWHC 30 (29 June 1993)

Default judgment set aside where defendant raises a triable set-off defence despite presumption of service by post.

Civil procedure — judgment in default of notice of intention to defend — presumption of service where writ posted to correct letterbox — set-off as defence and counterclaim — applicability of Judicature Act 1873 — master and servant: deductions and set-off permissible absent statute or contract prohibiting same — triable issue justifies setting aside default judgment.

29 June 1993