Bhamjee v Bath (Civil Cause 394 of 1984) [1986] MWHC 8 (15 August 1986)

Bhamjee v Bath (Civil Cause 394 of 1984) [1986] MWHC 8 (15 August 1986)

Defendant was duly served and deliberately refused to comply with judgment; court may appoint Registrar to execute conveyance to enforce judgment.

Citation
[1986] MWHC 8
Parties
Plaintiff: H. M. Bhamjee; Defendant: H. S. Bath
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
15 August 1986
Case Number
Civil Cause 394 of 1984
Procedural Posture
Civil / Post Judgment Application
Outcome
application granted
Legal Topics
Execution of Conveyance, Default Judgment, Court Officer Signing Documents
Source Language
English
Property Law Civil Procedure Execution of Conveyance Default Judgment Court Officer Signing Documents

Case Brief

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Parties

H. M. Bhamjee

Plaintiff

H. S. Bath

Defendant

Procedural Posture

Civil / Post Judgment Application

Legal Issues

  1. 1 Whether the court can appoint its officer to execute a conveyance on behalf of a non-compliant defendant
  2. 2 Whether the defendant was properly served and neglected or refused to comply with the judgment

Ratio Decidendi

Defendant was duly served and deliberately refused to comply with judgment; court may appoint Registrar to execute conveyance to enforce judgment.

Court Disposition

application granted

Orders

  • Registrar may sign conveyance on behalf of defendant for plot CC 6.
  • Registrar not liable for acts or omissions of parties.