Blantyre Principal Registry - 2024 January

4 judgments
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Results. 4 judgments found.

4 judgments
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
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
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
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