Principal Registry - 2001 June

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3 judgments

Citation	Judgment date
June 2001
Chikagwa v Malawi Savings Bank (Civil Cause 1035 of 1996) [2001] MWHC 102 (26 June 2001) Court allowed defendant to amend defence to add specific performance claim, ordered amended pleadings within 40 days and costs on defendant. Civil procedure – Amendment of pleadings – Leave to amend defence and counterclaim to include specific performance – Summary judgment under Order 86 rule 8 – Prejudice and costs – Discretion to allow amendments at hearing stage.	26 June 2001
Mikeyasi v Ching'amba and 1 other (Civil Cause 2726 of 1999) [2001] MWHC 127 (15 June 2001)	15 June 2001
I Confort (Tea Tobacco LTD) v Fincom Bank of Malaw LTD (Civil Cause 1199 of 2001) [2001] MWHC 100 (8 June 2001) A creditor may present a winding-up petition after a 21‑day demand; the applicant’s injunction was refused. Companies Act s213(3) — statutory 21‑day demand and inability to pay; winding‑up petitions — creditor’s entitlement where debt is undisputed; interlocutory injunctions restraining presentation of winding‑up petitions; procedure — originating motion in open court required (not originating summons in chambers).	8 June 2001