Zangazanga. v Old Mutual Malawi Limited (Civil Cause 18 of 1993) [1993] MWHC 30 (29 June 1993)

Zangazanga. v Old Mutual Malawi Limited (Civil Cause 18 of 1993) [1993] MWHC 30 (29 June 1993)

There is a triable issue as the defendant has a defence of set-off, and the default judgment is set aside with costs.

Citation
[1993] MWHC 30
Parties
Plaintiff: Kid Zangazanga; Defendant: Old Mutual (M) Ltd
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
29 June 1993
Case Number
Civil Cause 18 of 1993
Procedural Posture
Civil Cause / Ruling on Application to Set Aside Default Judgment
Outcome
Judgment in default of notice of intention to defend set aside with costs.
Legal Topics
Default Judgment, Set Off, Service of Process, Employment Termination
Source Language
English
Civil Procedure Employment Law Default Judgment Set Off Service of Process Employment Termination

Case Brief

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Parties

Kid Zangazanga

Plaintiff

Old Mutual (M) Ltd

Defendant

Procedural Posture

Civil Cause / Ruling on Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment was irregularly entered
  2. 2 Whether the defendant has a defence on the merits via set-off

Ratio Decidendi

There is a triable issue as the defendant has a defence of set-off, and the default judgment is set aside with costs.

Court Disposition

Judgment in default of notice of intention to defend set aside with costs.

Orders

  • Defendant to serve defence on plaintiff within 7 days