Blantyre Water Board v Mkwezalamba (Civil Cause 2835 of 2007) [2008] MWHC 110 (4 June 2008)

Blantyre Water Board v Mkwezalamba (Civil Cause 2835 of 2007) [2008] MWHC 110 (4 June 2008)

The execution was regular because time for execution ran from the date of pronouncement of judgment, and the warrant of execution was issued after the formal order was drawn and signed.

Citation
[2008] MWHC 110
Parties
Plaintiff: Blantyre Water Board; Defendant: Charles Mkwezalamba
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
4 June 2008
Case Number
Civil Cause 2835 of 2007
Procedural Posture
Civil Appeal / Ruling on Appeal Against Dismissal of Summons Regarding Regularity of Execution
Outcome
Appeal dismissed with costs to the respondent.
Legal Topics
Execution of Judgment, Computation of Time, Summary Judgment
Source Language
English
Civil Procedure Execution of Judgment Computation of Time Summary Judgment

Case Brief

Summary, issues, holding and outcome

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Parties

Blantyre Water Board

Plaintiff

Charles Mkwezalamba

Defendant

Procedural Posture

Civil Appeal / Ruling on Appeal Against Dismissal of Summons Regarding Regularity of Execution

Legal Issues

  1. 1 Whether execution of judgment was regular in light of the date the formal order was signed versus the date of pronouncement

Ratio Decidendi

The execution was regular because time for execution ran from the date of pronouncement of judgment, and the warrant of execution was issued after the formal order was drawn and signed.

Court Disposition

Appeal dismissed with costs to the respondent.

Orders

  • Appeal dismissed
  • Costs awarded to the respondent