ACE Agencies v Blantyre City Assembly (Civil Cause 2110 of 2000) [2004] MWHC 94 (26 August 2004)

ACE Agencies v Blantyre City Assembly (Civil Cause 2110 of 2000) [2004] MWHC 94 (26 August 2004)

The application to set aside the default judgment is refused because the judgment was already satisfied by the defendant, and procedural law does not allow a party to challenge a satisfied judgment solely to avoid sheriff fees.

Citation
[2004] MWHC 94
Parties
Plaintiff: Ace Agencies; Defendant: Blantyre City Assembly
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
26 August 2004
Case Number
Civil Cause 2110 of 2000
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
Application refused
Legal Topics
Default Judgment, Setting Aside Judgment, Sheriff Fees
Source Language
English
Civil Procedure Default Judgment Setting Aside Judgment Sheriff Fees

Case Brief

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Parties

Ace Agencies

Plaintiff

Blantyre City Assembly

Defendant

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment entered on an attenuated statement of claim should be set aside for irregularity
  2. 2 Whether the defendant can challenge a satisfied judgment solely to avoid sheriff fees

Ratio Decidendi

The application to set aside the default judgment is refused because the judgment was already satisfied by the defendant, and procedural law does not allow a party to challenge a satisfied judgment solely to avoid sheriff fees.

Court Disposition

Application refused

Orders

  • Defendant's application to set aside default judgment is refused
  • Costs of the application are awarded to the plaintiff