Whayo v Petroleum Control Commission (Civil Cause 1937 of 2000) [2004] MWHC 97 (27 August 2004)

Whayo v Petroleum Control Commission (Civil Cause 1937 of 2000) [2004] MWHC 97 (27 August 2004)

The defendant has shown by affidavit evidence that it complied with the terms and conditions of the plaintiff's employment, thus demonstrating a defence with a prospect of success. The default judgment is set aside.

Citation
[2004] MWHC 97
Parties
Plaintiff: Gladys Whayo; Defendant: Petroleum Control Commission
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
27 August 2004
Case Number
Civil Cause 1937 of 2000
Procedural Posture
Civil / Ruling on Application to Set Aside Default Judgment
Outcome
Default judgment set aside
Legal Topics
Wrongful Termination, Default Judgment, Setting Aside Judgment
Source Language
English
Employment Law Civil Procedure Wrongful Termination Default Judgment Setting Aside Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Gladys Whayo

Plaintiff

Petroleum Control Commission

Defendant

Procedural Posture

Civil / Ruling on Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be set aside
  2. 2 Whether the defendant has a defence on the merits to the claim of wrongful termination

Ratio Decidendi

The defendant has shown by affidavit evidence that it complied with the terms and conditions of the plaintiff's employment, thus demonstrating a defence with a prospect of success. The default judgment is set aside.

Court Disposition

Default judgment set aside

Orders

  • Default judgment set aside
  • Service of defence dispensed with as it was served with the affidavit in support of the application