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High Court of Malawi Civil Division - 2023 October

3 judgments
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3 judgments
Citation
Judgment date
October 2023
United Purpose v Dzuwa and 4 Others (Miscellaneous Civil Appeal 12 of 2023) [2023] MWHCCiv 41 (27 October 2023)
Court refused oral amendment to cure a jurisdictional omission, dismissed the amendment application and awarded costs to the respondents.
Civil procedure — Interlocutory applications — Oral applications permitted under Order 10 rule 2(2) — Amendment of applications — Jurisdictional provision (section 23 Courts Act) omitted — Court will not permit amendment that effectively overturns prior ruling — Costs awarded — Leave to appeal refused.
 27 October 2023
Mkandawire v Banda (Civil Cause 30 of 2019) [2023] MWHCCiv 34 (24 October 2023)
Court refused dismissal for want of prosecution and ordered defendant’s lawyers to pay the applicant’s costs personally.
Civil procedure — dismissal for want of prosecution (Order 12 r54) — burden of proof — admissible court file evidence — scheduling conference documents — costs — personal liability of legal practitioners.
 24 October 2023
Mbale v Southern Bottlers Limited (Civil Cause 300 of 2015) [2023] MWHCCiv 37 (18 October 2023)
Wrong procedural regime and incurable procedural irregularities led to dismissal of the plaintiff’s action; leave to appeal granted.
Civil procedure – transitional application of rules – 2017 Civil Procedure Rules do not apply to actions commenced before 3 October 2017; Rules of the Supreme Court govern. Procedural irregularity – incurable hybrid use of rules, failure to follow mandatory mediation, improper addition of party – grounds for dismissal. Application to dismiss for want of prosecution must be brought under applicable rules
 18 October 2023