Malida v Kasim (Civil Cause 54 of 2018) [2018] MWHC 8 (28 February 2018)

Malida v Kasim (Civil Cause 54 of 2018) [2018] MWHC 8 (28 February 2018)

The present action is based on the same facts and cause of action as a prior case between the same parties, and thus constitutes an abuse of court process as it could have been litigated in the earlier action.

Citation
[2018] MWHC 8
Parties
Claimant: Abdul Gaffar Ismail Malida; Defendant: Monsoor Rashid Kasim
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
28 February 2018
Case Number
Civil Cause 54 of 2018
Procedural Posture
Civil / Ruling on Abuse of Process
Outcome
action dismissed as abuse of court process
Legal Topics
Abuse of Process, Res Judicata, Fraudulent Conveyance
Source Language
English
Civil Procedure Abuse of Process Res Judicata Fraudulent Conveyance

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Parties

Abdul Gaffar Ismail Malida

Claimant

Monsoor Rashid Kasim

Defendant

Procedural Posture

Civil / Ruling on Abuse of Process

Legal Issues

  1. 1 Whether the present action is barred by prior adjudication (res judicata)
  2. 2 Whether the present action constitutes an abuse of court process

Ratio Decidendi

The present action is based on the same facts and cause of action as a prior case between the same parties, and thus constitutes an abuse of court process as it could have been litigated in the earlier action.

Court Disposition

action dismissed as abuse of court process

Orders

  • Registrar's attention drawn to Order 5, rule 13, of the Courts (High Court) (Civil Procedure) Rules