Globe Electronics Limited v Sunbird Tourism PLC (Commercial Cause 343 of 2018) [2018] MWHC 1155 (7 December 2018)

Default judgment set aside because the Defendant raised a triable or arguable issue, thus showing a meritorious defence, which outweighs failure to show reasonable cause for not defending.

Citation: [2018] MWHC 1155
Parties: Claimant: Globe Electronics Limited; Defendant: Sunbird Tourism PLC
Court: High Court of Malawi
Jurisdiction: Malawi
Judgment Date: 7 December 2018
Case Number: Commercial Cause 343 of 2018
Procedural Posture: Commercial / Application to Set Aside Default Judgment
Outcome: default judgment set aside; leave to defend granted
Legal Topics: Default Judgment, Setting Aside Judgment, Meritorious Defence, Contractual Liability
Source Language: English

Civil Procedure Contract Default Judgment Setting Aside Judgment Meritorious Defence Contractual Liability

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Globe Electronics Limited

Claimant

Sunbird Tourism PLC

Defendant

Procedural Posture

Commercial / Application to Set Aside Default Judgment

Legal Issues

1 Whether the Defendant has shown reasonable cause for not defending
2 Whether the Defendant has shown a meritorious defence
3 Whether the default judgment ought to be set aside

Ratio Decidendi

Default judgment set aside because the Defendant raised a triable or arguable issue, thus showing a meritorious defence, which outweighs failure to show reasonable cause for not defending.

Court Disposition

default judgment set aside; leave to defend granted

Orders

Defendant to file and serve defence within fourteen days
Claimant awarded costs of the application