Majoh v Konyani (Civil Cause 329 of 2004) [2003] MWHC 79 (31 December 2003)

Majoh v Konyani (Civil Cause 329 of 2004) [2003] MWHC 79 (31 December 2003)

The default judgment was irregular because there was no proper service of the writ of summons on the defendant, as required by the rules. The person who acknowledged service was not shown to be the defendant’s agent or to have accepted service at the defendant’s request.

Citation
[2003] MWHC 79
Parties
Plaintiff: Francis D. Majoh; Defendant: Nason D. Konyani
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
31 December 2003 31 December 2003 20 November 2003
Case Number
Civil Cause 329 of 2004
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
default judgment set aside
Legal Topics
Default Judgment, Service of Process, Setting Aside Judgment
Source Language
English
Civil Procedure Default Judgment Service of Process Setting Aside Judgment

Case Brief

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Parties

Francis D. Majoh

Plaintiff

Nason D. Konyani

Defendant

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment was irregularly obtained due to improper service of the writ of summons
  2. 2 Whether the defendant has a defence on the merits

Ratio Decidendi

The default judgment was irregular because there was no proper service of the writ of summons on the defendant, as required by the rules. The person who acknowledged service was not shown to be the defendant’s agent or to have accepted service at the defendant’s request.

Court Disposition

default judgment set aside

Orders

  • Default judgment set aside
  • Plaintiff to bear sheriff fees and expenses in terms of Section 44(3) of the Sheriff Act