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Zomba District Registry - 2013

3 judgments
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3 judgments
October 2013
Gumbo v Paradin Africa Limited (Civil Cause 5 of 2012) [2013] MWHC 493 (30 October 2013)
Plaintiff’s failure to initiate mediation and prosecute the claim justified dismissal for want of prosecution with costs.
  • Civil procedure — dismissal for want of prosecution — failure to initiate mediation within prescribed time — Mandatory Mediation Rules (Rule 7(2)) — failure to prosecute and attend hearing — costs awarded to respondent.
30 October 2013
Habp Lubricants Distributors v Gondwe t/a LGK Services (Commercial Case 330 of 2012) [2013] MWHC 494 (30 October 2013)
Summary judgment and judgment on admission refused where defendant raised triable issues and no clear admission of the claimed debt.
  • Civil procedure — summary judgment (Order 14) — requirement of no bona fide defence; summary disposal inappropriate where triable issues exist. Civil procedure — judgment on admission (Order 27) — letters/faxes must clearly admit claim to justify judgment
  • Evidence — defendant’s burden at summary stage to raise credible, triable issues (e.g., disputed invoices, proof of payment)
30 October 2013
August 2013
Dziopani v Auhad Steel Manufacturing Company Limited (Personal Injury Cause 494 of 2012) [2013] MWHC 490 (3 August 2013)
The applicant may have a default judgment set aside if their affidavit discloses an arguable defence on the merits.
  • Default judgment — setting aside under Order 13 r.9/Order 19 r.9; discretionary power; requirement to disclose an arguable defence on the merits; delay and prejudice; implied stay of proceedings following stay of execution; restoration of summons.
3 August 2013