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Blantyre Principal Registry - 1993

2 judgments
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2 judgments
July 1993
Alpine Enterprise v Sacranie t/a Plastichem Industries (Civil Cause 1469 of 1992) [1993] MWHC 50 (8 July 1993)
Summary judgment granted where dishonoured cheques established indebtedness and defendant failed to raise a bona fide defence.
  • Civil procedure — Order 14 summary judgment — Cheques as prima facie cash/consideration — burden to raise bona fide defence — failure to produce agent’s affidavit construed as admission — certainty of claim.
8 July 1993
Alpine Enterprise v Sacranie t/ Plastichem Industries (Civil Cause 1469 of 1992) [1993] MWHC 51 (8 July 1993)
Summary judgment granted where defendant failed to raise a bona fide triable defence to a claim based on cheques issued by his agent.
  • Civil procedure — summary judgment (Order 14) — cheques treated as payment — agency and authority — insufficient affidavit to raise triable issue — certainty of claim.
8 July 1993