Leyland DAF Mw Ltd v Lambat (Civil Cause 790 of 1992) [1993] MWHCCiv 37 (13 April 1993)

Leyland DAF Mw Ltd v Lambat (Civil Cause 790 of 1992) [1993] MWHCCiv 37 (13 April 1993)

Summary judgment is granted for the undisputed sum, but trial is necessary for the disputed amount due to triable issues regarding set-off and poor workmanship.

Source-derived case information.

Citation
[1993] MWHCCiv 37
Parties
Plaintiff: Leyland DAF (MW) Ltd; Defendant: A. Lambat
Court
High Court of Malawi Civil Division
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
Source Language
english
Contract Commercial Summary Judgment Set Off Goods and Services Supplied Poor Workmanship

Source-derived case record

Summary, issues, holding and outcome

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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 amount claimed
  2. 2 Whether the defendant has a triable issue or valid defence
  3. 3 Whether set-off and poor workmanship claims affect liability

Ratio Decidendi

Summary judgment is granted for the undisputed sum, but trial is necessary for the disputed amount due to triable issues regarding set-off and poor workmanship.

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