Zomba District Registry - 2013

3 judgments

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3 judgments
Citation
Judgment date
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
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
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