Friday and Another v Attorney General (Civil Cause 287 of 2020) [2021] MWHC 392 (14 July 2021)

Friday and Another v Attorney General (Civil Cause 287 of 2020) [2021] MWHC 392 (14 July 2021)

The defence consists of general denials and is a sham, but it is not prudent to enter summary judgment on some heads and leave others for trial as it would amount to abuse of process. The application fails on a technicality for the sake of procedural tidiness.

Citation
[2021] MWHC 392
Parties
Claimant: Baton, Pred Am; Claimant: Issa Dante L.; Defendant: Attorney General (Malawi Police Service)
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
14 July 2021
Case Number
Civil Cause 287 of 2020
Procedural Posture
Civil / Ruling on Application for Summary Judgment
Outcome
application for summary judgment dismissed
Legal Topics
Summary Judgment, Assault, False Imprisonment, Malicious Prosecution
Source Language
English
Civil Procedure Tort Law Summary Judgment Assault False Imprisonment Malicious Prosecution

Case Brief

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Parties

Baton, Pred Am

Claimant

Issa Dante L.

Claimant

Attorney General (Malawi Police Service)

Defendant

Procedural Posture

Civil / Ruling on Application for Summary Judgment

Legal Issues

  1. 1 Whether summary judgment should be entered for the claimants on the heads of assault, disfigurement, pain and suffering, false imprisonment, and malicious prosecution.

Ratio Decidendi

The defence consists of general denials and is a sham, but it is not prudent to enter summary judgment on some heads and leave others for trial as it would amount to abuse of process. The application fails on a technicality for the sake of procedural tidiness.

Court Disposition

application for summary judgment dismissed

Orders

  • Each party bears own costs.