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All courts - 2014 June

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5 judgments
Citation
Judgment date
June 2014
Bango v Attorney General & Anor. (None) [2014] MWHC 474 (15 June 2014)
Court stayed civil damages proceedings pending perjury trial to avoid prejudice from concurrent criminal and civil issues.
Civil procedure – Stay of civil proceedings pending criminal trial – Inherent jurisdiction to regulate procedure – Perjury arising from civil testimony – Avoidance of prejudice to fair criminal trial where factual issues overlap (see Jefferson v Betcha; Chiumia; Glazebrook).
 15 June 2014
Dyson v NICO General Insurance Company Limited (Personal Injury Cause 678 of 2013) [2014] MWHC 509 (11 June 2014)
A regular default judgment may be set aside if the defendant shows a real-defence, but delay and abuse justify conditional relief (payment into court).
Civil procedure – Default judgment – Setting aside regular default judgment – Discretionary relief under Order 13 r9/Order 19 r9 – Defendant must show defence on merits with real prospects of success – Delay, explanation and abuse of process relevant – Conditional setting aside (payment into court and service of defence).
 11 June 2014
Mkomba v Phiri (Miscellaneous Civil Application 1 of 2014) [2014] MWHC 499 (10 June 2014)
Stay of execution granted where the respondent failed to show ability to repay damages; awarded sums ordered paid into court pending appeal.
Civil procedure — Stay of execution — Order 59 r 13 — Appeal against award of damages — Risk of nugatory appeal — Requirement to show inability to repay — Payment into court pending appeal.
 10 June 2014
Mkwale v Chilowa (Personal Injury Cause 391 of 2012) [2014] MWHC 500 (10 June 2014)
An administrator not formally substituted has no capacity to apply to set aside a default judgment; application dismissed.
Default judgment — set aside — Order 13 r 9 & Order 19 r 9; capacity to apply/substitution of parties; service of process; defective affidavit; discretionary relief.
 10 June 2014
Andrew v Jarrel and Another (Personal Injury Cause 479 of 2012) [2014] MWHC 504 (2 June 2014)
Following a default judgment on liability, the court awarded K1,700,000 for general damages plus special damages and costs.
Damages assessment – default judgment establishing liability – general damages for pain, suffering, loss of amenities and disfigurement – consideration of comparable authorities and currency devaluation – award of special damages and costs.
 2 June 2014