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Company Law
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ETG Inputs LTD v Chirombo & Beleko (Cause Numbers 69 & 936 of 2024) [2024] MWHCCiv 16 (21 November 2024)
High Court set aside magistrate’s judgment for lack of jurisdiction and ordered respondents to repay sums obtained; costs ordered against respondents’ counsel.
  • Civil procedure — Jurisdiction of subordinate courts — Cause of action arising in another district — Proceedings and judgments without jurisdiction are null and void — High Court power to set aside subordinate court judgments — Third-party debt/attachment orders — Costs and remedies against counsel.
Judgment 21 November 2024
Kanjere v Patel & Chizizi (37 of 2023) [2024] MWHCCiv 15 (11 October 2024)
A summons signed by a firm rather than a named legal practitioner is a nullity and must be struck out.
  • Civil procedure — signature requirements for originating processes — Order 5 r3 & Order 7 r1(h) CPR; Legal Education and Legal Practitioners Act — definition of 'legal practitioner' as natural person on the Roll; firm name not a legal practitioner; originating process signed by firm is nullity and incurable.
Judgment 11 October 2024
Ernest v Farmers World Limited (None) [2016] MWHC 554 (13 June 2016)
Judgment 13 June 2016