Premier Bus Services Ltd v Nedbank Malawi Limited (Order) (101 of 2016) [2016] MWHC 518 (03 July 2016);

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JUDICIARY

IN THE HIGH COURT OF MALAWI

PRINCIPAL REGISTRY

CIVIL CAUSE NO. 101 OF 2016

 

BETWEEN

PREMIER BUS SERVICES LTD                                       APPLICANT

AND

NEDBANK MALAWI LIMITED                                        RESPONDENT

 

CORAM: THE HONOURABLE JUSTICE KENYATTA NYIRENDA

                 Mr. Nyambo, of Counsel, for the Applicant

                 Mr. Mmeta, of Counsel, for the Respondent

                 Ms. A. Mpasu, Court Clerk

ORDER

Kenyatta Nyirenda, J

The Applicant instituted the present case by way of originating summons, dated 1oth March 2016, by which summons it sought several declarations and orders. The Applicant also sought and was granted an interim order of injunction.

Hearing of the case was concluded on 20th April 2016 and, following a specific request by Counsel Nyambo that the Applicant be allowed to file written submissions, the Court ordered both parties to prepare and file with the Court their respective final written submissions within 14 days of 20th April 2016.

The Respondent filed with the Court its submissions on 17th May 2016. Despite more than two months having elapsed since the deadline set by the Court, the Applicant has yet to file its final written submissions.

In the absence of written submissions by the Applicant, the action is dismissed for failure to comply with directions. As the action has been dismissed, the interim order of injunction cannot stand. In the premises, I also discharge the interim order of injunction.

Pronounced in Chambers this 4th day of July 2016 at Blantyre in the Republic of Malawi.

____________

Kenyatta Nyirenda

JUDGE