Chimwaza v Chimwaza (Civil Cause 61 of 2017) [2017] MWHCCiv 16 (9 April 2017)
The application was not properly before the court as it should have been made in the trial court; therefore, the matter was struck off.
Source-derived case information.
- Citation
- [2017] MWHCCiv 16
- Parties
- Claimant: Symon Chimwaza; Defendant: Madalitso Chimwaza
- Court
- High Court of Malawi Civil Division
- Jurisdiction
- Malawi
- Case Number
- Civil Cause 61 of 2017
- Procedural Posture
- Civil / Application for Stay of Execution
- Outcome
- struck off
- Legal Topics
- Stay of Execution, Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Symon Chimwaza
Claimant
Madalitso Chimwaza
Defendant
Procedural Posture
Civil / Application for Stay of Execution
Legal Issues
- 1 Whether the application for stay of execution was properly before the court
Ratio Decidendi
The application was not properly before the court as it should have been made in the trial court; therefore, the matter was struck off.
Court Disposition
struck off
Orders
- The matter is struck off.
Full Case Text
Judgment text and source record
1 paragraphs
I HIGH (:0UAT , --------~ ,_18RAAV REPUBLIC OF MALAWI IN THE HIGH COURT OF MALAWI CIVIL DIVISION PRINCIPAL REGISTRY CIVIL CASE NUMBER 61 OF 2017 BETWEEN SYMON CHIMWAZA .. ..... ... ...... .............. ... .. . .... ...... CLAIMANT AND MADALITSO CHIMWAZA ....... ....... .. ....... .. ... .. .... .. .. .. .. . DEFENDANT Coram Hon Mr Justice Jack N'riva Judge Mrs D Mtegha Court Clerk ORDER This matter came for stay of exertion of judgment. Judge Chigona dismissed the proceeding on the ground that the applicant had to make the application in the trial court. As it stands, the application is not in this court. The matter ought not to have been queued for hearing, in the first place. I strike off the matter. Made in Chamber at Blantyre, the 9th day of April, 2017 J N' RIVA JUDGE