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Principal Registry - 2002 May

3 judgments
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3 judgments
May 2002
Winga v Electoral Commission (Civil Cause 2707 of 1999) [2002] MWHC 86 (29 May 2002)
Statutory five‑year tenure is mandatory, but a contractual termination clause is not per se ultra vires; matter remitted for trial.
  • Electoral Commission Act s.12(1)–(2) — Construction of "shall" — Statutory fixed tenure vs contractual termination clause — Ultra vires — Summary judgment inappropriate where factual issues remain.
29 May 2002
Phoso t/a World Range Agencies v National Road Safety Council of Malawi (Civil Cause 1005 of 2001) [2002] MWHC 78 (2 May 2002)
The applicant’s unopposed request to pay the judgment by two monthly instalments was granted.
  • Civil procedure — application for payment of judgment debt by instalments — unopposed evidence — court accepts debtor’s sworn account and orders two monthly instalments.
2 May 2002
Zachepa v Leyland Daf (Mw) LTD (Civil Cause 3797 of 2001) [2002] MWHC 82 (2 May 2002)
A corporate judgment debtor must produce substantive financial evidence to justify repayment of a large judgment by long-term small instalments.
  • Judgment enforcement — instalment payments — corporate judgment debtor’s burden to produce financial evidence — trading debt principle — refusal of piecemeal long-term repayments.
2 May 2002