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Blantyre Principal Registry - 2024 January

4 judgments
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4 judgments
Citation
Judgment date
January 2024
Chinangwa t/a Chinangwa Trading v Electricity Supply Corporation of Malawi Limited (Civil Cause 401 of 2020) [2024] MWHC 29 (25 January 2024)
Claimant failed to prove defendant’s negligence or statutory breach in fire allegedly caused by high voltage; claim dismissed with costs.
Tort — Negligence in electricity supply; causation; high voltage vs high current; short-circuit principles; res ipsa loquitur inapplicable; statutory reporting/arbitration (MERA) not mandatory.
 25 January 2024
Nomanda and 20 Others v City Council of Blantyre (Civil Cause 30 of 2021) [2024] MWHC 30 (25 January 2024)
Court dismissed both claim and counterclaim for want of prosecution after 35 months' inaction.
Civil procedure – dismissal for want of prosecution – Order 12 r 54 – inordinate and inexcusable delay – abuse of court process – counterclaim also dismissed – costs: each party to bear own costs.
 25 January 2024
Nomanda and 20 Others v City Council of Blantyre (Civil Cause 30 of 2021) [2024] MWHC 31 (25 January 2024)
Both claim and counterclaim dismissed for want of prosecution after 35 months' inaction; each party to bear its own costs.
Civil procedure — Dismissal for want of prosecution under Order 12, rule 54 — Inordinate delay and abuse of process — Counterclaim also dismissed — Overriding objective and case-management non-compliance — Costs: each party to bear own costs.
 25 January 2024
Kachembere v Mulasa (Land Cause 137 of 2023) [2024] MWHC 32 (22 January 2024)
Court set aside a without-notice injunction after the claimant failed to comply with filing, service and attendance conditions.
Civil procedure – interlocutory injunctions – without-notice orders – inherent power to set aside/discharge suo motu – non-compliance with terms (filing, service, attendance) – Order 10 r.27 – overriding objective.
 22 January 2024