Phoso t/a World Range Agencies v National Road Safety Council of Malawi (Civil Cause 1005 of 2001) [2002] MWHC 78 (2 May 2002)
The court accepted the debtor's evidence and proposal as reasonable due to lack of opposition and the debtor's financial situation.
Source-derived case information.
- Citation
- [2002] MWHC 78
- Parties
- Plaintiff: G. M. Phoso t/a World Range Agencies; Defendant: National Road Safety Council of Malawi
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Case Number
- Civil Cause 1005 of 2001
- Procedural Posture
- Civil Cause / Ruling on Application to Pay Judgment Debt by Instalments
- Outcome
- Application granted
- Legal Topics
- Judgment Debt, Payment by Instalments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
G. M. Phoso t/a World Range Agencies
Plaintiff
National Road Safety Council of Malawi
Defendant
Procedural Posture
Civil Cause / Ruling on Application to Pay Judgment Debt by Instalments
Legal Issues
- 1 Whether the judgment debtor should be allowed to pay the judgment debt by instalments
Ratio Decidendi
The court accepted the debtor's evidence and proposal as reasonable due to lack of opposition and the debtor's financial situation.
Court Disposition
Application granted
Orders
- Judgment debtor to pay K13,500.00 at the end of May 2002 and K13,500.00 at the end of June 2002, each payment to be made not later than the last day of the respective month
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE NO. 1005 OF 2001 BETWEEN: G. M. PHOSO t/a WORLD RANGE AGENCIES..........ccccooiiiiiiiiii PLAINTIFF -and- NATIONAL ROAD SAFETY COUNCIL OF MALAWI.....ccuiiiiiiiiiiiiiiiieeeeiiiieennen, DEFENDANT CORAM: HON. JUSTICE A. C. CHIPETA (Absent) of Counsel for the Plaintiff Mr Nkhoma, of Counsel for the Defendant Mr K. Matola, Official Interpreter/Recording Officer RULING On 29th April, 2002 I heard the Judgment debtor’s application to pay the Judgment debt herein by instalments. There was no representation from the Judgment Creditor’s side, although it was duly and timeously served. The Judgment debtor put its Accountant on the witness stand, a Mr W. Z. Malili, who on oath testified that the balance of judgment debt now owing is K27,000.00 which it is intended equal monthly that instalments of K13,500.00 each starting from the end of May, 2002 and ending at the end of June, 2002. the Judgment debtor clears two in In the absence of representation on the part of the Judgment Creditor, I have no competing information as to the state of debt herein. I therefore have no choice but to go by the information supplied by the Judgment debtor. It is my view that if the state of debt as expressed is indeed correct, the offer to settle it as proposed is quite reasonable bearing in mind the woes of funding the Accountant testified on. My Order, therefore, is that the Judgment Debtor pays to the Judgment Creditor K13,500.00 each month at the end of the months of May and June, 2002, the latest day of payment in each month being not later than the last day of the month. Pronounced in open Court this 2nd day of May, 2002 at Blantyre.