High Court of Malawi Civil Division - 2021 August

2 judgments

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2 judgments
Citation
Judgment date
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
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