Mdoka v Chimombo and Stage Coach (Malawi) Limited (Civil Cause 1058 of 1991) [1992] MWHC 12 (15 July 1992)
Leave to amend defence was allowed because admission of negligence without admission of injury does not constitute admission of liability, thus interlocutory judgment cannot be granted.
Source-derived case information.
- Citation
- [1992] MWHC 12
- Parties
- Plaintiff: I. M. Mdoka; 1st Defendant: Enock Chimombo; 2nd Defendant: Stage Coach (Malawi) Limited
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Case Number
- Civil Cause 1058 of 1991
- Procedural Posture
- Civil / Ruling on Application to Amend Defence
- Outcome
- Application to amend defence allowed
- Legal Topics
- Amendment of Pleadings, Judgment on Admissions, Liability Admission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
I. M. Mdoka
Plaintiff
Enock Chimombo
1st Defendant
Stage Coach (Malawi) Limited
2nd Defendant
Procedural Posture
Civil / Ruling on Application to Amend Defence
Legal Issues
- 1 Whether leave should be granted to amend defence to admit liability but deny loss
- 2 Whether judgment on admissions should be entered when liability is admitted but loss is denied
Ratio Decidendi
Leave to amend defence was allowed because admission of negligence without admission of injury does not constitute admission of liability, thus interlocutory judgment cannot be granted.
Court Disposition
Application to amend defence allowed
Orders
- Amended defence to be served on plaintiff within fourteen days
- Costs for the plaintiff
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE NO. 1058 OF 1991 BETWEEN: I. M. MDOKA ........................................... PLAINT I FF and ENOCK CHIMOMBO ....................................... 1ST DEFENDANT "'' STAGE COACH (MALAWI) LIMITED ......................... 2ND DEFENDANT CORAM: JANE MAYEMU ANSAH Ng'ombe of counsel for the plaintiff Chisanga of counsel for the defendant (MRS) ACTING DEPUTY REGISTRAR RULING This an application to amend defence. It is supported by an affidavit. The amendments brought are to admit liability and deny that the plaintiff suffeered any loss. Mr Ng'ombe, counsel for the plaintiff objects to the application and argues that, where liability is not in issue, judgement should be entered on behalf of the plaintiff, as there is already an application for judgement on admissions. On 25th February , 1992 the plaintiff's application for judgement on admissions was dismissed for want of prosecution. On that date the plaintiff and his lawyer were absent. Further where there is an admission of negligence without an admmission that the plaintiff suffered injury leave for an interlocutory judgement cannot be given because notwithstanding an admission of neglience, there is no admission of liability Paukine vs Garhen sons and company Limited 1979 All ER 1185. The applicati on to amend defence was allowed. The amended defence is to be served on the plaintiff within fourteen days. 2/ ..... -2- cos ts for t he plaintiff. , Made i n Chambe r s t his ..•.. day of Ju ly 1992, at Bl antyre. 15th I\ (J'_ Jane Mayemu Ansah (Mrs) ACTING DEPUTY REGI STRAR .. ' ' t I t ' ,