Blantyre Principal Registry - 2024 October

3 judgments

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3 judgments
Citation
Judgment date
October 2024
Insurer subrogation succeeds where driver of BR 398 failed to give way, entitling recovery of MK15,390,000 plus interest and costs.
Road traffic negligence – duty to give way at junction; proof by photographs and damage pattern; insurer’s right of subrogation to sue in insured’s name; discretion to admit late documents under frontloading rules; award of compound interest and costs.
18 October 2024
The court ceased jurisdiction after referral to arbitration and declined to entertain further applications.
Arbitration law – Referral to arbitration cedes court jurisdiction – Court obliged to honour arbitration agreement; inability to hear matters once jurisdiction ceded; procedural delay attributable to counsel’s failure to appoint arbitrator.
16 October 2024
Registrar rejects originating summons as procedurally defective, abusive, and brought by a claimant lacking standing.
:[
9 October 2024