Makina and 5 Others v Malizani and John (Misc Civil Cause 3556 of 2017) [2018] MWHCCiv 6 (10 April 2018)
Matter referred to trial for determination of entitlement to land due to failure to reach settlement at mediation.
Source-derived case information.
- Citation
- [2018] MWHCCiv 6
- Parties
- Claimant: Masauko Makina and five others; First Defendant: Misheck Malizani; Second Defendant: Esther John
- Court
- High Court of Malawi Civil Division
- Jurisdiction
- Malawi
- Case Number
- Misc Civil Cause 3556 of 2017
- Procedural Posture
- Miscellaneous Civil Case / Order on Failure to Reach Settlement Agreement at Mediation
- Outcome
- matter referred to trial and transferred to Magistrate’s Court
- Legal Topics
- Mediation, Land Entitlement, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Masauko Makina and five others
Claimant
Misheck Malizani
First Defendant
Esther John
Second Defendant
Procedural Posture
Miscellaneous Civil Case / Order on Failure to Reach Settlement Agreement at Mediation
Legal Issues
- 1 whether the claimants are entitled to the land at Maida Village T/A Kapichi, Thyolo
Ratio Decidendi
Matter referred to trial for determination of entitlement to land due to failure to reach settlement at mediation.
Court Disposition
matter referred to trial and transferred to Magistrate’s Court
Orders
- Chief Resident Magistrate to assign the matter to a magistrate for hearing
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF MALAWI CIVIL DIVISION PRINCIPAL REGISTRY MISCELLANEOUS CIVIL CASE NO. 3556 OF 2017 BETWEEN MASAUKO MAKINA AND FIVE OTHE eset ssannaci weammansacsncatantescissttaisisniZoai senate aaa CLAIMANT MISHECK MALIZANL...... 0... c cece cece nee ene nee en eens FIRST DEFENDANT AND ESTHER JOHN......... cece cee cc eee e eee nee een nenees SECOND DEFENDANT CORAM: HON. JUSTICE J NRIVA Claimants present Counsle for the claimants, Mr Machika Counsel for the second defendant present Ms Mtegha Court official ORDER ON FAILURE TO REACH SETTLEMENT AGREEMENT AT MEDIATION (ORDER 13 RULE 9 (2) OF HIGH COURT (CIVIL PROCEDURE) RULES The parties having failed to reach settlement agreement, I refer the matter to trial for determination of the issue: whether the claimants are entitled to the land at Maida Village T/A Kapichi, Thyolo. I further order the transfer to the Magistrate’s Court. The Chief Resident Magistrate shall assign the matter to a magistrate to proceed with the hearing of the matter MADE in Chamber the 10" day of April, 2 “ LT ILS POI ING SEM A HIGH COURT | \