Finca Malawi v Elma High School (Civil Cause 39 of 2005) [2006] MWHC 1 (1 November 2006)

Finca Malawi v Elma High School (Civil Cause 39 of 2005) [2006] MWHC 1 (1 November 2006)

The default judgment was regular as it was entered for the amounts endorsed on the amended writ; the inclusion of collection costs, though not claimable from the defendant, did not render the judgment irregular. The Assistant Registrar erred in setting aside the judgment and ordering reimbursement of Sheriff fees.

Citation
[2006] MWHC 1
Parties
Plaintiff: FINCA Malawi; Defendant: Elma High School
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
1 November 2006
Case Number
Civil Cause 39 of 2005
Procedural Posture
Civil Appeal / Ruling on Appeal Against Order Setting Aside Default Judgment
Outcome
Appeal allowed; decision of Assistant Registrar set aside in part
Legal Topics
Default Judgment, Amendment of Pleadings, Collection Costs, Execution of Judgment
Source Language
English
Civil Procedure Debt Recovery Default Judgment Amendment of Pleadings Collection Costs Execution of Judgment

Case Brief

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Parties

FINCA Malawi

Plaintiff

Elma High School

Defendant

Procedural Posture

Civil Appeal / Ruling on Appeal Against Order Setting Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment was irregular for including collection costs not claimable under law
  2. 2 Whether the Assistant Registrar erred in setting aside the default judgment and ordering reimbursement of Sheriff fees

Ratio Decidendi

The default judgment was regular as it was entered for the amounts endorsed on the amended writ; the inclusion of collection costs, though not claimable from the defendant, did not render the judgment irregular. The Assistant Registrar erred in setting aside the judgment and ordering reimbursement of Sheriff fees.

Court Disposition

Appeal allowed; decision of Assistant Registrar set aside in part

Orders

  • The principal sum of MK7,646,075.56 with interest and costs stands as judgment.
  • The disputed part on indemnity of collection costs to proceed for trial.