Leopard Development Limited v Gondwe (Civil Cause 750 of 1993) [1994] MWHC 10 (4 January 1994)

Leopard Development Limited v Gondwe (Civil Cause 750 of 1993) [1994] MWHC 10 (4 January 1994)

There was no agreement or consideration to suspend payment of the debt; the defendant admitted indebtedness and failed to disclose a triable issue or defence.

Citation
[1994] MWHC 10
Parties
Plaintiff: Legpare Development Ltd; Defendant: Bonde
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
4 January 1994
Case Number
Civil Cause 750 of 1993
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
application dismissed
Legal Topics
Default Judgment, Consideration, Accord and Satisfaction, Stay of Execution
Source Language
English
Contract Law Default Judgment Consideration Accord and Satisfaction Stay of Execution

Case Brief

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Parties

Legpare Development Ltd

Plaintiff

Bonde

Defendant

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the defendant has a valid defence to the plaintiff's claim for debt
  2. 2 Whether an alleged agreement to pay by instalments suspends liability
  3. 3 Whether there was consideration for the alleged agreement

Ratio Decidendi

There was no agreement or consideration to suspend payment of the debt; the defendant admitted indebtedness and failed to disclose a triable issue or defence.

Court Disposition

application dismissed

Orders

  • application to set aside judgment dismissed with costs
  • stay of execution for twenty-eight days for negotiations