High Court of Malawi - 2014 May

2 judgments

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2 judgments
Citation
Judgment date
May 2014
Ex parte injunction continued where committee could not show lawful authority to levy parking fees and damages were inadequate.
Administrative law – interim injunction – American Cyanamid test – arguable claim to illegality of levied parking fees – inadequacy of damages where drivers detained – balance of convenience – duty of full and frank disclosure in ex parte applications
26 May 2014
Default judgment set aside where third party disclosed triable defence, though third‑party notice was irregular for lack of prior court leave.
Civil procedure – Setting aside default judgment – Order 13 r 9 and Order 19 r 9 – applicant must disclose defence on the merits or triable issue – draft defence showing denial of negligence and plea of contributory negligence – Third‑party notice – requirement of prior leave under Order 16 r 1(2) – discretion as to costs.
5 May 2014