Kamoto v Jere & Ors (Misc. Civil Case 31 of 2018) [2018] MWHC 1183 (27 September 2018)

Kamoto v Jere & Ors (Misc. Civil Case 31 of 2018) [2018] MWHC 1183 (27 September 2018)

Default judgment is entered against the defendants as they failed to file a defence within the stipulated time; no injunction is granted as the inter partes hearing did not take place.

Citation
[2018] MWHC 1183
Parties
Claimant: Arnold Ben Kamoto; Defendant: Levi Jere and 2 Others
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
27 September 2018
Case Number
Misc. Civil Case 31 of 2018
Procedural Posture
Civil / Default Judgment
Outcome
default judgment for claimant; no injunction granted
Legal Topics
Default Judgment, Injunctions
Source Language
English
Civil Procedure Default Judgment Injunctions

Case Brief

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Parties

Arnold Ben Kamoto

Claimant

Levi Jere and 2 Others

Defendant

Procedural Posture

Civil / Default Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to default judgment due to the defendants' failure to file a defence
  2. 2 Whether an injunction has been granted

Ratio Decidendi

Default judgment is entered against the defendants as they failed to file a defence within the stipulated time; no injunction is granted as the inter partes hearing did not take place.

Court Disposition

default judgment for claimant; no injunction granted

Orders

  • Default judgment entered against the defendants on the claims as outlined in the Statement of Claim
  • No injunction is granted