Edwards v Jaenda & Anor. (Misc. Application 15 of 2017) [2018] MWHC 1036 (27 September 2018)
The plaintiff took no steps for over 16 months after transfer of the case, constituting an abuse of court process and justifying striking out under Order 12, r.56 of the CPR.
Source-derived case information.
- Citation
- [2018] MWHC 1036
- Parties
- Plaintiff: Dorothy Edwards; 1st Defendant: Anthony Jaenda; 2nd Defendant: Prime Insurance Company Limited
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Case Number
- Misc. Application 15 of 2017
- Procedural Posture
- Miscellaneous Application / Order on Striking Out for Want of Prosecution
- Outcome
- proceedings struck out for want of prosecution
- Legal Topics
- Striking Out Proceedings, Want of Prosecution, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorothy Edwards
Plaintiff
Anthony Jaenda
1st Defendant
Prime Insurance Company Limited
2nd Defendant
Procedural Posture
Miscellaneous Application / Order on Striking Out for Want of Prosecution
Legal Issues
- 1 Whether the proceedings should be struck out for want of prosecution
Ratio Decidendi
The plaintiff took no steps for over 16 months after transfer of the case, constituting an abuse of court process and justifying striking out under Order 12, r.56 of the CPR.
Court Disposition
proceedings struck out for want of prosecution
Orders
- proceedings struck out
- Registrar's attention drawn to Order 12, r.58, CPR
Full Case Text
Judgment text and source record
1 paragraphs
~Dorothy Edward v. Anthony Jaenda & Prime Insurance Company Limited Kenyatta Nyirenda, J. JUDICIARY IN THE HIGH COURT OF MALA WI PRINCIPAL REGISTRY MISCELLANEOUS APPLICATION NO. 15 OF 2017 (Being Civil Cause No 15 of 2017 before the Resident Magistrate's Court Sitting at Midima) BETWEEN DOROTHY EDWARDS (Suing o her own behalf and on behalf of other Beneficiaries of the estate of SNOWDEN EDWARD, deceased) .................. PLAINTIFF AND ANTHONY JAENDA ............................................................... 1 ST DEFENDANT PRIME INSURANCE COMPANY LIMITED ..................... 2ND DEFENDANT CORAM: THE HONOURABLE JUSTICE KENYATTA NYIRENDA Mrs. Doreen Nkangala, Court Clerk Kenyatta Nyirenda, J ORDER The Plaintiff commenced proceedings in the Resident Magistrate's Court sitting at Midima (lower court) against the Defendants claiming damages for loss of expectation of life, loss of dependency and funeral expenses. - The Plaintiff applied to have proceedings transferred from the lower court to this Court and the application was duly granted on 16th May 201 7. The Plaintiff has taken no steps in these proceedings since then. · Dorothy Edward v. Anthony Jaenda & Prime Insurance Company Limited Kenyatta Nyirenda, J. Order 12, r.56, of the Court (High Court) (Civil Procedure) Rules [Hereinafter referred to as "CPR"] comes into play where there is such non-action. The provision is couched in the following terms: "The Court may strike out a proceeding without notice, if there has been no step taken in the proceedings for 12 months. " In the present proceedings, more than 16 months have elapsed without the Plaintiff taking steps to prosecute this case. This is clearly an abuse of court process. Public policy requires that litigation must come to an end. There should be a point where matters should be closed. In the premises, I have no option but to strike out the proceedings herein. It is so ordered. In light of the foregoing and by reason thereof, the Registrar's attention is drawn to Order 12, r.58, of CPR. Pronounced in Court this 2th day of September 2018 at Blantyre in the Republic of Malawi. Kenyatta Nyirenda JUDGE • - 2