Divason v Traditional authority Nchilamwera, Bisiweki, District Commissioner ( Thyolo) (Misc. Civil Case 3556 of 2017) [2018] MWHCCiv 34 (10 April 2018)
The matter is referred to trial for determination of the issue of proper installation of the second defendant as village headman due to failure to reach settlement at mediation.
Source-derived case information.
- Citation
- [2018] MWHCCiv 34
- Parties
- Claimant: Paul Divason; First Defendant: Traditional Authority Nchilamwera; Second Defendant: Mofolo Salad Bisiweki; Third Defendant: District Commissioner, Thyolo
- Court
- High Court of Malawi Civil Division
- Jurisdiction
- Malawi
- Case Number
- Misc. Civil Case 3556 of 2017
- Procedural Posture
- Miscellaneous Civil Case / Order on Failure to Reach Settlement Agreement at Mediation
- Outcome
- matter referred to trial
- Legal Topics
- Mediation, Installation of Village Headman
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Divason
Claimant
Traditional Authority Nchilamwera
First Defendant
Mofolo Salad Bisiweki
Second Defendant
District Commissioner, Thyolo
Third Defendant
Procedural Posture
Miscellaneous Civil Case / Order on Failure to Reach Settlement Agreement at Mediation
Legal Issues
- 1 whether the second defendant was properly installed as a village headman
Ratio Decidendi
The matter is referred to trial for determination of the issue of proper installation of the second defendant as village headman due to failure to reach settlement at mediation.
Court Disposition
matter referred to trial
Orders
- matter referred to trial for determination of the issue whether the second defendant was properly installed as a village headman
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF MALAWI CIVIL DIVISION PRINCIPAL REGISTRY MISCELLANEOUS CIVIL CASE NO. 3556 OF 201 7 BETWEEN PAUL DIV ASON ................. ...... ... .............. ... ................................ CLAIMANT AND TRADITIONAL AUTHORITY NCHILAMWERA .. .... FIRST DEFENDANT AND MOFOLO SALAD BISIWEKI .... .. ...... ....... . ... . .... SECOND DEFENDANT AND DISTRICT COMMISSIONER, THYOLO ...... ... ... .... THIRD DEFENDANT CORAM: HON. JUSTICE J NRIVA Claimant present Counsel for claimant: Not present Counsel for the second defndnat present Ms Mtegha Court official ORDER ON FAILURE TO REACH SETTLEMENT AGREEMENT AT MEDIATION (ORDER 13 RULE 9 (2) OF HIGH COURT (CIVIL PROCEDURE)RULES The parties having failed to reach settlement agreement, I refer the matter to trial for determination of the issue: whethe the second defendant was properly installed as a village headman. MADE in Chamber the 1 oth day of Apr· , 2 18 J NRIV/>I. ~ JUDGE 1