Kakunda v Kachali and Another (Civil Cause 405 of 2021) [2023] MWHCCiv 33 (2 May 2023)
Not determined; matter referred for trial on the issue of the 2nd Defendant's liability.
Source-derived case information.
- Citation
- [2023] MWHCCiv 33
- Parties
- Claimant: TA VID ARCLINDIA; 1st Defendant: PREC KACHIALL; 2nd Defendant: UNITED GENERAL INSURANCE COMPANY LIMITED
- Court
- High Court of Malawi Civil Division
- Jurisdiction
- Malawi
- Case Number
- Civil Cause 405 of 2021
- Procedural Posture
- Civil / Referral for Trial on Liability of 2nd Defendant
- Outcome
- Referred for trial
- Legal Topics
- Motor Vehicle Accident, Liability of Insurer, Admissibility of Insurance Policy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
TA VID ARCLINDIA
Claimant
PREC KACHIALL
1st Defendant
UNITED GENERAL INSURANCE COMPANY LIMITED
2nd Defendant
Procedural Posture
Civil / Referral for Trial on Liability of 2nd Defendant
Legal Issues
- 1 Whether the 2nd Defendant (insurer) is liable to pay damages where the insured sold the vehicle to the 1st Defendant before the accident
Ratio Decidendi
Not determined; matter referred for trial on the issue of the 2nd Defendant's liability.
Court Disposition
Referred for trial
Orders
- Case referred to another judge for trial on the liability of the 2nd Defendant
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF MALAWI MZUZU DISTRICT REGISTRY CIVIL DIVISION CIVIL CAUSE NO. 405 OF 2021 BETWEEN TA VID ARCLINDIA, se tities caomnncen aanreeovsiy ly PETAR Eneeun ammmwrws wnmengetsy CLAIMANT AND PREC KACHIALL vcore nes ieetaiite van enmmmen neue gE dlieeeraennn 1 DAREN DAN T UNITED GENERAL INSURANCE COMPANY LIMITED ... 28’ DEFENDANT CORAM: Honourable Justice T. R. Ligowe E. Mbotwa, Counsel for the Claimant B. Mkopoliwa, Counsel for the 1*' Defendant C. Kambalame, Counsel for the 2"! Defendant K. Thadzi, Official Interpreter ORDER (Under Order 13 rule 9 of the Courts (High Court) (Civil Procedure) Rules, 2017) l The 1% Defendant admitted liability to causing the accident which caused damage to the Claimant’s motor vehicle in this case, but no settlement agreement was reached regarding payment of damages by the 2" Defendant because the insured according to the policy of insurance, Will Dunnotter, sold the motor vehicle to the 1** Defendant. The issue for trial is whether the 2"? defendant is liable to pay in the circumstances. The case is now referred to another Judge for trial. Dated this 2" day of May 2023. a \ Lait : TR Ligowe JUDGE