Dimon (Malawi) Ltd v Munyolo (Civil Cause 298 of 2002) [2003] MWHC 74 (31 December 2003)

Dimon (Malawi) Ltd v Munyolo (Civil Cause 298 of 2002) [2003] MWHC 74 (31 December 2003)

The defendant failed to file a defence or affidavit in opposition, and there was no evidence of a bona fide defence or triable issue. The plaintiff's claim was clearly established and unopposed, entitling the plaintiff to summary judgment.

Citation
[2003] MWHC 74
Parties
Plaintiff: Dimon (Malawi) Limited; Defendant: B. Munyolo
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
31 December 2003 31 December 2003 22 October 2003
Case Number
Civil Cause 298 of 2002
Procedural Posture
Civil / Summary Judgment Application
Outcome
summary judgment for the plaintiff
Legal Topics
Summary Judgment, Debt Recovery, Defence Requirements
Source Language
English
Civil Procedure Summary Judgment Debt Recovery Defence Requirements

Case Brief

Summary, issues, holding and outcome

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Parties

Dimon (Malawi) Limited

Plaintiff

B. Munyolo

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment under Order 14 of the Rules of the Supreme Court
  2. 2 Whether the defendant has raised a bona fide defence or triable issue

Ratio Decidendi

The defendant failed to file a defence or affidavit in opposition, and there was no evidence of a bona fide defence or triable issue. The plaintiff's claim was clearly established and unopposed, entitling the plaintiff to summary judgment.

Court Disposition

summary judgment for the plaintiff

Orders

  • Plaintiff awarded K73,970.00 plus interest
  • Plaintiff awarded collection costs of K11,095