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Mzuzu District Registry - 2024

5 judgments
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5 judgments
November 2024
ETG Inputs LTD v Chirombo & Beleko (Cause Numbers 69 & 936 of 2024) [2024] MWHCCiv 16 (21 November 2024)
High Court set aside magistrate’s judgment for lack of jurisdiction and ordered respondents to repay sums obtained; costs ordered against respondents’ counsel.
  • Civil procedure — Jurisdiction of subordinate courts — Cause of action arising in another district — Proceedings and judgments without jurisdiction are null and void — High Court power to set aside subordinate court judgments — Third-party debt/attachment orders — Costs and remedies against counsel.
21 November 2024
Chitaya & 3 others v Chitaya & 5 others (Probate Cause 144 of 2007) [2024] MWHCCiv 21 (6 November 2024)
6 November 2024
September 2024
Chirwa & 21 Others v The Attorney General (Miscellaneous Civil Application 46 of 2024) [2024] MWHCCiv 24 (30 September 2024)
Applicant granted leave to appeal out of time; time enlarged seven days; no order for costs.
  • Civil procedure — leave to appeal out of time — enlargement of time — requirement of good and substantial reasons — prima facie merits of proposed grounds — undue delay.
30 September 2024
Chirwa v The Attorney General (Miscellaneous Civil Application 46 of 2024) [2024] MWHCCiv 23 (30 September 2024)
Applicant granted seven-day enlargement and leave to appeal out of time after showing good and substantial reasons and prima facie merit.
  • Civil procedure — enlargement of time for appeal — leave to appeal out of time — requirement of good and substantial reasons — prima facie merits of proposed grounds — undue delay — discretionary relief (NBS Bank Ltd v R.J. Hamdani)
30 September 2024
March 2024
Kalua and 11 others v Attorney General (Civil Cause 16 of 2023) [2024] MWHCCiv 3 (25 March 2024)
Default judgment refused where claimants failed to prove they were police officers, did not comply with statutory pre-action notice, nor exhaust internal Police Service remedies.
  • Civil procedure — Default judgment — Order 12 rules 6–8 — Evidential sufficiency in ex parte default applications; Government suits — statutory pre-action notice to Attorney General (Civil Procedure (Suits by/against Government) Act s.4; Order 8 r.19); Administrative remedies — Police Service Commission under Police Act; judicial discretion on default judgment and costs.
25 March 2024