Maxon Everson Kalima v Kalino Kachulu (Civil Cause 1122 of 2016) [2018] MWHC 1237 (28 April 2018)

Maxon Everson Kalima v Kalino Kachulu (Civil Cause 1122 of 2016) [2018] MWHC 1237 (28 April 2018)

The court found that service was properly effected and there was no irregularity. However, the defendant demonstrated a defense on merit by challenging the amount claimed and the jurisdiction, as the claim was commercial and exceeded the threshold for the General Division. The application to set aside the default judgment was granted, and the matter was stayed to be commenced in the Commercial Division.

Citation
[2018] MWHC 1237
Parties
Plaintiff: Maxon Everson Kalima; Defendant: Kalino Kachulu
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
28 April 2018
Case Number
Civil Cause 1122 of 2016
Procedural Posture
Civil / Ruling on Application to Set Aside Default Judgment
Outcome
application to set aside default judgment granted
Legal Topics
Setting Aside Default Judgment, Service of Summons, Jurisdiction, Defense on Merits
Source Language
English
Civil Procedure Commercial Law Setting Aside Default Judgment Service of Summons Jurisdiction Defense on Merits

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Parties

Maxon Everson Kalima

Plaintiff

Kalino Kachulu

Defendant

Procedural Posture

Civil / Ruling on Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be set aside on account of irregularity or there being a defense on merit
  2. 2 Whether the matter should be commenced in the Commercial Court

Ratio Decidendi

The court found that service was properly effected and there was no irregularity. However, the defendant demonstrated a defense on merit by challenging the amount claimed and the jurisdiction, as the claim was commercial and exceeded the threshold for the General Division. The application to set aside the default judgment was granted, and the matter was stayed to be commenced in the Commercial Division.

Court Disposition

application to set aside default judgment granted

Orders

  • default judgment set aside
  • matter stayed to be properly commenced in the Commercial Division of the High Court