Far Distributor v Chihana (Civil Cause 253 of 2004) [2003] MWHC 75 (31 December 2003)

Far Distributor v Chihana (Civil Cause 253 of 2004) [2003] MWHC 75 (31 December 2003)

Service was properly effected at the National Assembly, the last known address of the defendant as known to the plaintiff, making the default judgment regular. However, the defendant raised a triable issue regarding non-delivery of goods, justifying setting aside the default judgment for trial.

Citation
[2003] MWHC 75
Parties
Plaintiff: Far Distributor; Defendant: Yeremia Chihana
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
31 December 2003 31 December 2003 28 October 2003
Case Number
Civil Cause 253 of 2004
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment granted; matter to proceed to trial; costs in the cause.
Legal Topics
Default Judgment, Service of Process, Setting Aside Judgment
Source Language
English
Civil Procedure Contract Default Judgment Service of Process Setting Aside Judgment

Case Brief

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Parties

Far Distributor

Plaintiff

Yeremia Chihana

Defendant

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment was irregular due to improper service
  2. 2 Whether the defendant has a meritorious defence warranting setting aside the default judgment

Ratio Decidendi

Service was properly effected at the National Assembly, the last known address of the defendant as known to the plaintiff, making the default judgment regular. However, the defendant raised a triable issue regarding non-delivery of goods, justifying setting aside the default judgment for trial.

Court Disposition

Application to set aside default judgment granted; matter to proceed to trial; costs in the cause.

Orders

  • Default judgment dated 12th July 2004 set aside
  • Matter to proceed to trial