THE HIGH COURT OF MALAWI
CAUSE NO 136 OF 2003
of counsel for the Plaintiff
Mlenga, Court Interpreter
I. Namagonya, Court Reporter
This is an
application by the defendant to pay debt by instalments pursuant to
Section 11(a)(x) of the Courts act.
admits owing the plaintiff some sums of money. The defendant
submitted to court that his monthly net take away after
deductions and financial obligations is K10,000.00. The plaintiffs
only objection to the application was that the defendant
time in April 2003 made an undertaking that he would be paying
K20,000.00 per month towards the liquidation of the same.
was given by the defendant that some payments have been made between
last April and date of hearing this application.
all the evidence on record and there being no serious objection by
the plaintiff I grant the defendants application
to pay debt by
monthly instalments of K5,000.00. The said order is effective 30th
October 2004. The court further orders that the said payments will
be made on or before the 30th
of each calendar month until the debt is paid in full. In the event
of default by the defendant the plaintiff will have be at
execute judgment for the full amount or whatever amount will be
outstanding at the time of the said default.
Made in Open Court
at Lilongwe District Registry this day of 7th