Larkcon International Limited v Transglobe Produce Export Limited (Commercial Cause 375 of 2018) [2019] MWHC 27 (28 January 2019)

Larkcon International Limited v Transglobe Produce Export Limited (Commercial Cause 375 of 2018) [2019] MWHC 27 (28 January 2019)

The Defendant failed to provide a sufficient excuse for non-attendance and did not demonstrate a meritorious defence, as evidenced by an unqualified payment to the Claimant. Therefore, the application to restore the application to set aside default judgment was dismissed.

Citation
[2019] MWHC 27
Parties
Claimant: Larkcon International Limited t/a SIS Inspections; Defendant: Transglobe Produce Export Limited
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
28 January 2019
Case Number
Commercial Cause 375 of 2018
Procedural Posture
Commercial / Ruling on Application to Restore Application to Set Aside Default Judgment
Outcome
application dismissed with costs
Legal Topics
Default Judgment, Restoration of Application, Excuse for Non Attendance, Meritorious Defence
Source Language
English
Civil Procedure Commercial Law Default Judgment Restoration of Application Excuse for Non Attendance Meritorious Defence

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Parties

Larkcon International Limited t/a SIS Inspections

Claimant

Transglobe Produce Export Limited

Defendant

Procedural Posture

Commercial / Ruling on Application to Restore Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the Defendant has sufficient excuse for non-attendance
  2. 2 Whether the Defendant has made out a case for restoration
  3. 3 Whether the Defendant's application to set aside default judgment ought to be restored

Ratio Decidendi

The Defendant failed to provide a sufficient excuse for non-attendance and did not demonstrate a meritorious defence, as evidenced by an unqualified payment to the Claimant. Therefore, the application to restore the application to set aside default judgment was dismissed.

Court Disposition

application dismissed with costs

Orders

  • Defendant's application to restore application to set aside default judgment is dismissed with costs
  • Stay order previously granted is discharged