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High Court of Malawi - 2005 August

2 judgments
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2 judgments
August 2005
Osman v Registered Trustees, United Democratic Front (3307 of 2004) [2005] MWHC 13 (24 August 2005)
A court may not add a party after default judgment merely to affect execution; a public registration document prima facie establishes ownership.
  • Civil procedure — joinder of parties after default judgment — Order 15 joinder limited to cases necessary to adjudicate live disputes; Abuse of process in adding party to affect execution
  • Execution law — levy on goods of judgment debtor; Interpleader — public registration document prima facie establishes ownership; Sheriff to release wrongly seized goods
24 August 2005
Malawi Distilleries Ltd v Sichilima (2869 of 2002) [2005] MWHC 12 (18 August 2005)
Defendant entitled to recover K8,969,943.40 by set-off for uncaptured payments despite plaintiff proving delivery of goods.
  • Sale of goods — delivery and payment — disputed invoice and signature authenticity; restitution for money paid under mistake of fact or for failed consideration; set-off against plaintiff's claim; award of costs and refusal of interest
18 August 2005