IN THE HIGH COURT OF MALAWI
CAUSE NO. 534 OF 2000
HONOUR, M.C.C. MKANDAWIRE
Mr. Chilenga of Counsel for the plaintiff
Mr. Kadzakumanja of Counsel for the defendant
Nyaka Official interpreter
R U L I N G
This is an application by the defendant pursuant
to Order 13 of the Rules of the Supreme Court. The application is
an affidavit deponed by Counsel Henry Kadzakumanja of
counsel for the defendant (applicant). The defendants contention
they have a defence on the merit and that the defence on the
merit has been well tabulated in paragraph 3 of the affidavit.
the other hand, the plaintiffs counsel have argued that the
applicants affidavit in support does not contain or disclose
defence on merit. All it does is to raise general denials which
cannot be sustained in this case. Further to that, the plaintiffs
counsel argue that the denials raised by the defendant have no
prospects of success.
have looked at the affidavit in support of this application
especially in relation to paragraph 3. I find that paragraph 3 is
indeed full of general denials and I do not think that such general
denials merit this Court to set aside the judgment herein.
therefore dismiss this application with costs.
IN CHAMBERS this 7th
day of may 2001 at Lilongwe.