Leyland DAF (MW) Ltd v Lambat (Civil Cause 790 of 1992) [1993] MWHC 15 (13 April 1993)

Leyland DAF (MW) Ltd v Lambat (Civil Cause 790 of 1992) [1993] MWHC 15 (13 April 1993)

Summary judgment is granted for the undisputed sum, but trial is ordered for the disputed amount relating to set-off and alleged poor workmanship, provided the defendant pays the sum into court within sixty days.

Citation
[1993] MWHC 15
Parties
Plaintiff: Leyland DAF (MW) Ltd; Defendant: A. Lambat
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
13 April 1993
Case Number
Civil Cause 790 of 1992
Procedural Posture
Civil / Summary Judgment Application Under Order 14
Outcome
Summary judgment granted in part; trial ordered for disputed sum.
Legal Topics
Summary Judgment, Set Off, Goods and Services Supplied, Poor Workmanship, Credit Note
Source Language
English
Contract Commercial Summary Judgment Set Off Goods and Services Supplied Poor Workmanship Credit Note

Case Brief

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Parties

Leyland DAF (MW) Ltd

Plaintiff

A. Lambat

Defendant

Procedural Posture

Civil / Summary Judgment Application Under Order 14

Legal Issues

  1. 1 Whether summary judgment should be granted for the undisputed debt
  2. 2 Whether the defendant has a triable defence regarding set-off and poor workmanship

Ratio Decidendi

Summary judgment is granted for the undisputed sum, but trial is ordered for the disputed amount relating to set-off and alleged poor workmanship, provided the defendant pays the sum into court within sixty days.

Court Disposition

Summary judgment granted in part; trial ordered for disputed sum.

Orders

  • Summary judgment for K44,490.12
  • Trial for sum of K4,604.66 subject to payment into court within sixty days