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Lilongwe District Registry- Civil Division - 2024 October

3 judgments
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3 judgments
October 2024
Meleka & Chaola v Safeguard Security Services, Crossroads Hotel (LL) & Damiano (132 of 2023) [2024] MWHCCiv 14 (31 October 2024)
Summary judgment refused because disputed facts and legal issues exist on premises owner status and dog-handler negligence.
  • Civil procedure — Summary judgment — Order 12 CPR — Realistic vs fanciful prospects; Premises liability — vicarious/statutory owner under Control and Diseases of Animals Act; Negligence of dog handler — triable issue; Failure to plead/support failure-to-warn allegation; Judgment on admission — requirements for written admissions.
31 October 2024
Chitenthe Kachali & Ors. v the Attorney General (Inspector General of Police) (Civil Cause 598 of 2018) [2024] MWHCCiv 28 (30 October 2024)
30 October 2024
Kanjere v Patel & Chizizi (37 of 2023) [2024] MWHCCiv 15 (11 October 2024)
A summons signed by a firm rather than a named legal practitioner is a nullity and must be struck out.
  • Civil procedure — signature requirements for originating processes — Order 5 r3 & Order 7 r1(h) CPR; Legal Education and Legal Practitioners Act — definition of 'legal practitioner' as natural person on the Roll; firm name not a legal practitioner; originating process signed by firm is nullity and incurable.
11 October 2024