Chione v Chisambi & Anor. (Personal Injury 349 of 2017) [2018] MWHC 740 (25 July 2018)
Counsel Mwangulube commenced proceedings without instructions and failed to appear to explain himself, justifying personal liability for costs and admonishment for unprofessional conduct.
Source-derived case information.
- Citation
- [2018] MWHC 740
- Parties
- Claimant: Chipateru Chione; 1st Defendant: Chipha Chisambi; 2nd Defendant: Reunion Insurance Company Limited; Counsel: Mwangulube
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Case Number
- Personal Injury 349 of 2017
- Procedural Posture
- Personal Injury / Costs and Disciplinary Order After Mediation
- Outcome
- Counsel Mwangulube ordered to personally pay costs of the subordinate court matter and admonished for unprofessional conduct.
- Legal Topics
- Costs, Disciplinary Action Against Advocates, Supervisory Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chipateru Chione
Claimant
Chipha Chisambi
1st Defendant
Reunion Insurance Company Limited
2nd Defendant
Mwangulube
Counsel
Procedural Posture
Personal Injury / Costs and Disciplinary Order After Mediation
Legal Issues
- 1 Whether counsel Mwangulube acted without instructions in commencing a parallel suit
- 2 Whether counsel Mwangulube should bear costs personally for the subordinate court matter
- 3 Whether counsel Mwangulube's conduct warrants admonishment
Ratio Decidendi
Counsel Mwangulube commenced proceedings without instructions and failed to appear to explain himself, justifying personal liability for costs and admonishment for unprofessional conduct.
Court Disposition
Counsel Mwangulube ordered to personally pay costs of the subordinate court matter and admonished for unprofessional conduct.
Orders
- Counsel Mwangulube to personally bear costs of the subordinate court matter at subordinate court costs scale.
- Costs to be agreed within 14 days, failing which defendants may have them taxed before the Chief Resident Magistrate.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF MALA WI PRINCIPAL REGISTRY PERSONNAL INJURY CAUSE NUMBER 349 OF 2017 BETWEEN: CHIPATERU CHIONE AND CLAIMANT CHIPHA CHISAMBI 1st DEFENDANT REUNION INSURANCE COMPANY LIMITED 2"ct DEFENDANT ORDER TO PAY COSTS & ORDER ADMONISHING COUNSEL MW ANGULUBE The parties having appeared for mediation in this matter. And an issue having arisen that counsel Mwangulube commenced another matter before the magistrate court on the same facts as in the present matter. The claimants having denied instructing Mr Mwangulube to commence the matter. And this Court having called Mr Mwangulube to explain his side and him having failed to appear for no good cause. This Court exercises its supervisory powers under section 26 (1) of the Courts Act with respect to the lower court matter, which counsel Mwangulube has since withdrawn, and orders that he personally bears the costs of that matter at the subordinate court costs scale. - Those costs shall be agreed within 14 days failing which the defendants shall be at liberty to have taxed before the Chief Resident Magistrate. This Court, in exercise of its disciplinary powers under section 21 (1) (i) of the Legal Education and Legal Practitioners Act, also admonishes Counsel Mangulube for his unprofessional conduct of failing to appear in this matter and for having commenced the matter without instructions from the claimant which tends to bring the legal profession into disrepute. He shall desist from such conduct henceforth. Dated 25th July 2018. Counsel Mwangulube MTM Law Chambers M&M Global Law Consultants -