Leopard Development Ltd v Gondwe (Civil Cause 750 of 1993) [1994] MWHCCiv 19 (4 January 1994)
There was no agreement between the plaintiff and defendant to suspend payment of the debt, and even if there was, it would not be enforceable for lack of consideration. Therefore, there is no defence to the plaintiff's action and no triable issue.
- Citation
- [1994] MWHCCiv 19
- Parties
- Plaintiff: Leopard Development Ltd; Defendant: S. C. Gondwe
- Court
- High Court of Malawi Civil Division
- 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, Agreement to Pay by Instalments, Consideration, Stay of Execution
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Leopard Development Ltd
Plaintiff
S. C. Gondwe
Defendant
Procedural Posture
Civil / Application to Set Aside Default Judgment
Legal Issues
- 1 Whether the purported agreement to pay by instalments suspends or absolves the defendant's liability for the debt
- 2 Whether there is a defence to the plaintiff's claim warranting setting aside the default judgment
Ratio Decidendi
There was no agreement between the plaintiff and defendant to suspend payment of the debt, and even if there was, it would not be enforceable for lack of consideration. Therefore, there is no defence to the plaintiff's action and no triable issue.
Court Disposition
application dismissed
Orders
- application to set aside judgment dismissed with costs
- stay of execution granted for twenty-eight days for negotiations
Full Case Text
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