Machemba & Anor. v Unyolo (Civil Cause 146 of 2016) [2018] MWHC 748 (13 July 2018)

Machemba & Anor. v Unyolo (Civil Cause 146 of 2016) [2018] MWHC 748 (13 July 2018)

Default judgment for declaratory orders cannot stand as declarations should not be made by default; the Assistant Registrar was correct to set aside the default judgment, though for different reasons than those advanced.

Citation
[2018] MWHC 748
Parties
Plaintiff: Fredson A. Machemba; Plaintiff: Lawrence Bwanali; Defendant: Filipo A. Unyolo
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
13 July 2018
Case Number
Civil Cause 146 of 2016
Procedural Posture
Civil Appeal / Ruling on Appeal From Assistant Registrar's Decision to Set Aside Default Judgment
Outcome
appeal dismissed; default judgment set aside
Legal Topics
Default Judgment, Service of Process, Declaratory Orders, Setting Aside Judgment
Source Language
English
Civil Procedure Default Judgment Service of Process Declaratory Orders Setting Aside Judgment

Case Brief

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Parties

Fredson A. Machemba

Plaintiff

Lawrence Bwanali

Plaintiff

Filipo A. Unyolo

Defendant

Procedural Posture

Civil Appeal / Ruling on Appeal From Assistant Registrar's Decision to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the Assistant Registrar erred in setting aside the default judgment entered against the defendant
  2. 2 Whether service of the writ of summons was regular
  3. 3 Whether the defendant disclosed a defence on the merits

Ratio Decidendi

Default judgment for declaratory orders cannot stand as declarations should not be made by default; the Assistant Registrar was correct to set aside the default judgment, though for different reasons than those advanced.

Court Disposition

appeal dismissed; default judgment set aside

Orders

  • Default judgment entered on 18th November 2016 is set aside
  • Each party to bear its own costs of the appeal