Leopard Development Limited v Kassam Jooma t/a Transkass Transport (Civil Cause 706 of 1993) [1993] MWHC 32 (25 October 1993)

Leopard Development Limited v Kassam Jooma t/a Transkass Transport (Civil Cause 706 of 1993) [1993] MWHC 32 (25 October 1993)

The defendant's affidavit does not disclose facts sufficient to infer a defence on the merits, and therefore does not meet the threshold for setting aside a regular judgment, but the rule is not absolute and the defendant may be given an opportunity to file a supplementary affidavit.

Citation
[1993] MWHC 32
Parties
Plaintiff: Leopard Development Limited; Defendant: Kassam Jooma t/a Transkass Transport
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
25 October 1993
Case Number
Civil Cause 706 of 1993
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
Defendant ordered to file a supplementary affidavit; ruling reserved.
Legal Topics
Setting Aside Default Judgment, Affidavit of Merit, Payment by Instalments
Source Language
English
Civil Procedure Setting Aside Default Judgment Affidavit of Merit Payment by Instalments

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Parties

Leopard Development Limited

Plaintiff

Kassam Jooma t/a Transkass Transport

Defendant

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the defendant's affidavit discloses a defence on the merits sufficient to set aside default judgment
  2. 2 Whether delay and prior payment by instalments affect the exercise of discretion to set aside judgment

Ratio Decidendi

The defendant's affidavit does not disclose facts sufficient to infer a defence on the merits, and therefore does not meet the threshold for setting aside a regular judgment, but the rule is not absolute and the defendant may be given an opportunity to file a supplementary affidavit.

Court Disposition

Defendant ordered to file a supplementary affidavit; ruling reserved.

Orders

  • Defendant to file supplementary affidavit in support of application to set aside judgment.