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High Court of Malawi Civil Division - 2021 August

2 judgments
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2 judgments
August 2021
S ( On application of Centre for Mindset Change Limited) v The President of Malawi and 5 Others (Judicial Review Cause 47 of 2021) [2021] MWHCCiv 9 (23 August 2021)
Claimant’s withdrawal of judicial review attracts costs to defendants for expenses incurred before service of the discontinuance.
  • Civil procedure — Discontinuance/withdrawal of proceedings — Costs liability under Order 12 r49 — Court order required under Order 31 r1(2) — Costs awarded for work done on or before service of notice — Assessment by Registrar.
23 August 2021
Tembo v Electricity Supply Corporation of Malawi( Ltd) (Civil Cause 371 of 2019) [2021] MWHCCiv 19 (6 August 2021)
Summary judgment refused because material disputes of fact existed and prior consent order did not prove negligence.
  • Civil procedure — summary judgment — Order 12 rules — real prospect of defence — relevant dispute of fact — consent order in lower court as compromise not admission of liability — negligence claim concerning low‑lying power lines.
6 August 2021