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High Court of Malawi Civil Division - 2023 April

4 judgments
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4 judgments
Citation
Judgment date
April 2023
Wizalamu v Royal Products Limited (Personal Injury Cause 250 of 2020) [2023] MWHCCiv 24 (26 April 2023)
Employer vicariously liable and breached statutory safety duties; claimant awarded damages and costs.
Employer duty of care; vicarious liability for employee's negligence; breach of Occupational Health, Safety and Welfare Act (s.13); failure to call material witness and to produce maintenance records; contributory negligence considered.
 26 April 2023
Maloya v Phiri (Personal Injury Case 87 of 2019) [2023] MWHCCiv 15 (19 April 2023)
Whether a Registrar may restore a defence struck out under Order 13(6)(2) or must refer the issue to the Judge.
Civil procedure — Mediation — Order 13(6): distinction between dismissal of claim and striking out defence; Registrar's powers under Order 25 — scope, delegation by Judge, and appealability; referral to Judge under Order 25(2) where jurisdictional uncertainty exists.
 19 April 2023
Maloya v Phiri (Personal Injury Case 87 of 2019) [2023] MWHCCiv 6 (19 April 2023)
Registrar refers application to Judge, holding restoration of a struck-out defence under Order 13(6)(2) raises jurisdictional ambiguity.
Civil procedure – mediation – strike out of defence for non-attendance – restoration under Order 13(6)(2) – distinction between "dismiss" and "strike out" – Registrar's jurisdiction under Order 25 – referral to Judge – appealability of Registrar decisions when authorised.
 19 April 2023
Attorney General v Administrators of the Estate of Mughogho (Miscellaneous Case 186 of 2013) [2023] MWHCCiv 11 (18 April 2023)
Court set aside stay and dismissed appeal for want of prosecution due to inordinate delay and abuse of process.
Civil procedure – delay and want of prosecution – Inordinate and inexcusable delay as abuse of court process – Stay of execution set aside – Dismissal of appeal under Order 12 Rule 54(1) – Costs awarded to successful party.
 18 April 2023