Attorney General v Munthali (Civil Cause 386 of 1985) [1985] MWHC 4 (31 July 1985)

Attorney General v Munthali (Civil Cause 386 of 1985) [1985] MWHC 4 (31 July 1985)

Substituted service by advertisement is appropriate where a legal practitioner absconds and cannot be located, ensuring compliance with statutory requirements.

Citation
[1985] MWHC 4
Parties
Plaintiff: Attorney General; Defendant: A. B. Munthali
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
31 July 1985
Case Number
Civil Cause 386 of 1985
Procedural Posture
Civil Cause / Interlocutory Application
Outcome
application for substituted service granted
Legal Topics
Substituted Service, Suspension of Legal Practitioner, Striking Off Roll
Source Language
English
Legal Profession Regulation Substituted Service Suspension of Legal Practitioner Striking Off Roll

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Attorney General

Plaintiff

A. B. Munthali

Defendant

Procedural Posture

Civil Cause / Interlocutory Application

Legal Issues

  1. 1 Whether substituted service should be ordered for a legal practitioner whose whereabouts are unknown
  2. 2 Whether a legal practitioner can defeat regulatory provisions by absconding

Ratio Decidendi

Substituted service by advertisement is appropriate where a legal practitioner absconds and cannot be located, ensuring compliance with statutory requirements.

Court Disposition

application for substituted service granted

Orders

  • Service to be effected by advertisement in one issue of the Daily Times, one issue of the Malawi News, and one issue of the Times of Zambia
  • Wording of advertisement to be settled by counsel and approved by Registrar of the High Court