Finance Bank Malawi Limited v Nation Publications Limited (Civil Cause 1039 of 2014) [2019] MWHC 20 (5 February 2019)
The Plaintiff's failure to take any step to prosecute the case for over four years constitutes an abuse of court process, justifying striking out the proceedings under Order 12, r.56 of the CPR.
Source-derived case information.
- Citation
- [2019] MWHC 20
- Parties
- Plaintiff: Finance Bank Malawi Limited (In Voluntary Liquidation); Defendant: Nation Publications Limited
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Case Number
- Civil Cause 1039 of 2014
- Procedural Posture
- Civil / Order on Motion to Strike 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
Finance Bank Malawi Limited (In Voluntary Liquidation)
Plaintiff
Nation Publications Limited
Defendant
Procedural Posture
Civil / Order on Motion to Strike Out for Want of Prosecution
Legal Issues
- 1 Whether the proceedings should be struck out for want of prosecution
Ratio Decidendi
The Plaintiff's failure to take any step to prosecute the case for over four years constitutes an abuse of court process, justifying striking out the proceedings 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, of CPR
Full Case Text
Judgment text and source record
1 paragraphs
Finance Bank Malawi Limited v. Nation Publications Limited Kenyatta Nyirenda, J. JUDICIARY IN THE HIGH COURT OF MALAWI LILONGWE DISTRICT REGISTRY CIVIL CAUSE NO. 1039 OF 2014 BETWEEN: FINANCE BANK MALAWI LIMITED (IN VOLUNTARY LIQUIDATION) …........…….………...…… PLAINTIFF -AND- NATION PUBLICATIONS LIMITED ..……………………….. DEFENDANT CORAM: THE HONOURABLE JUSTICE KENYATTA NYIRENDA Mr. D. K. Itai, Court Clerk Kenyatta Nyirenda, J. I became seised of this case on 12th January 2019. ORDER The proceedings herein were commenced on 23rd September 2014. The Plaintiff claims damages for libel and the sum of K191,318.32 being the costs of advertisements. The Defendant filed its Defence on 29th October 2014. The Plaintiff has taken no other step since 9th February 2017 to prosecute its claim. 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.” Finance Bank Malawi Limited v. Nation Publications Limited Kenyatta Nyirenda, J. In the present proceedings, more than 4 years have elapsed without the Plaintiff taking steps to prosecute this case. This is clearly an abuse of court process. 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 Chambers this 5th day of February 2019 at Lilongwe in the Republic of Malawi. Kenyatta Nyirenda JUDGE 2