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Principal Registry - 1991 March

3 judgments
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3 judgments
March 1991
Malikebu v Pemba (Civil Cause 582 of 1988) [1991] MWHC 34 (28 March 1991)
28 March 1991
In the Estate of Ngwalesa (Deceased) Application for Grant of Letters of Adminstration (Civil Cause 846 of 1990) [1991] MWHC 18 (15 March 1991)
Court set aside family grant and appointed Administrator General due to applicant's partiality and need for impartial administration.
  • Probate/Administration — Letters of administration — suitability and impartiality of proposed administrators — caveat and setting aside prior grant — appointment of Administrator General — protection of estate funds.
15 March 1991
Nikawane Enterprises Limited v Mhoni (Civil Cause 329 of 1990) [1991] MWHC 22 (1 March 1991)
Default judgment set aside where writ's monetary claim was not repeated in the statement of claim and declaration lacked basis.
  • Civil procedure — Default judgment — where amount indorsed on writ is not repeated in statement of claim it is abandoned; declaratory relief not in writ cannot sustain default judgment; mixed claims and procedural requirements (Order 13 Rule 6; proceed by summons/motion if no defence).
1 March 1991