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High Court of Malawi Family and Probate Division - 2023 March

1 judgment
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1 judgment
March 2023
Lilongwe (as the Administrator of the Estate of S. Alexander (deceased)) v Lilongwe & 2 others (Probate Cause 136 of 2021) [2023] MWHCFam 5 (6 March 2023)
Court set aside a regularly obtained default judgment to allow probate disputes to be decided on their merits.
  • Civil procedure — Service of summons and default judgment — Order 5 & Order 12 CPR; Setting aside default judgment — Order 12 rule 21 — reasonable cause and meritorious defence; Probate law — Deceased Estate (Wills, Inheritance and Protection) Act — merits to be determined.
6 March 2023