Casalee Cargo Limited v Attorney General (Civil Cause 403 of 1990) [1992] MWHC 46 (7 November 1992)

Casalee Cargo Limited v Attorney General (Civil Cause 403 of 1990) [1992] MWHC 46 (7 November 1992)

Section 8 does not apply to all suits against the Government but only those related to acts or omissions in pursuance of statutory or public duty. Satisfaction of judgment debts against the Government should follow the procedure under the Petition of Rights Act 1860, requiring certification to the Secretary to the Treasury.

Citation
[1992] MWHC 46
Parties
Plaintiff: Casalee Cargo Limited; Defendant: Attorney General
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
7 November 1992
Case Number
Civil Cause 403 of 1990
Procedural Posture
Civil / Post Judgment Application
Outcome
application dismissed
Legal Topics
Execution of Judgments, Satisfaction of Judgment Debts, Government Proceedings
Source Language
English
Civil Procedure Government Liability Execution of Judgments Satisfaction of Judgment Debts Government Proceedings

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 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Casalee Cargo Limited

Plaintiff

Attorney General

Defendant

Procedural Posture

Civil / Post Judgment Application

Legal Issues

  1. 1 Whether section 8 of the Civil Procedure (Suits by or against the Government or public officers) Act applies to satisfaction of judgment debts against the Government
  2. 2 Procedure for execution of judgments against the Government

Ratio Decidendi

Section 8 does not apply to all suits against the Government but only those related to acts or omissions in pursuance of statutory or public duty. Satisfaction of judgment debts against the Government should follow the procedure under the Petition of Rights Act 1860, requiring certification to the Secretary to the Treasury.

Court Disposition

application dismissed

Orders

  • Judgment creditor to issue certificate to Secretary to the Treasury as per Petition of Rights Act 1860