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High Court of Malawi Civil Division - 1990 June

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1 judgment
June 1990
Binali v The Portland Cement Company Limited (Civil Cause 274 of 1989) [1990] MWHCCiv 1 (17 June 1990)
Filing a writ with the court within the limitation period constitutes bringing an action despite later administrative signing.
  • 'Limitation' — when action is "brought" — filing/delivery to court within limitation vs later sealing/signature by Registrar; administrative delay by court officers not to prejudice litigant; strike-out for "no reasonable cause of action" — limitation is ordinarily a defence, not a ground for striking out; Rules of Court on issue of writ; practice direction for prompt processing of court documents.
17 June 1990