Malawi Housing Corporation v Jere (1068 of 2005) [2004] MWHC 3 (31 December 2004)

Malawi Housing Corporation v Jere (1068 of 2005) [2004] MWHC 3 (31 December 2004)

There was no valid affidavit in support of the originating summons as it was improperly sworn by counsel, not by a person with personal knowledge.

Citation
[2004] MWHC 3
Parties
Plaintiff: M. H. C; Defendant: M. M. W. Jere
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
31 December 2004
Case Number
1068 of 2005
Procedural Posture
Civil Appeal / Appeal Against Registrar's Order
Outcome
Appeal allowed
Legal Topics
Affidavits, Order 41 Rule 5, Order 113 Rule 3, Possession Proceedings
Source Language
English
Civil Procedure Affidavits Order 41 Rule 5 Order 113 Rule 3 Possession Proceedings

Case Brief

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Parties

M. H. C

Plaintiff

M. M. W. Jere

Defendant

Procedural Posture

Civil Appeal / Appeal Against Registrar's Order

Legal Issues

  1. 1 Whether counsel can swear an affidavit in support of originating summons on behalf of a client
  2. 2 Whether the originating summons was properly supported by affidavit

Ratio Decidendi

There was no valid affidavit in support of the originating summons as it was improperly sworn by counsel, not by a person with personal knowledge.

Court Disposition

Appeal allowed

Orders

  • Orders of the Registrar are set aside
  • Costs awarded to the appellant