Mbulo v Attorney General (Civil Cause 404 of 2020) [2023] MWHC 104 (31 March 2023)
The existence of a triable issue regarding whether the proceedings were prematurely commenced before the expiry of the statutory notice period justifies setting aside the default judgment in the interests of justice.
- Citation
- [2023] MWHC 104
- Parties
- Claimant: Lowry Mbulo; Defendant: Attorney General
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Judgment Date
- 31 March 2023
- Case Number
- Civil Cause 404 of 2020
- Procedural Posture
- Civil / Ruling on Application to Set Aside Default Judgment
- Outcome
- Application to set aside default judgment allowed
- Legal Topics
- Default Judgment, Notice Requirement, Premature Commencement of Proceedings, Compensation for Riot Damages
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Lowry Mbulo
Claimant
Attorney General
Defendant
Procedural Posture
Civil / Ruling on Application to Set Aside Default Judgment
Legal Issues
- 1 Whether the proceedings were prematurely commenced before expiry of statutory notice period
- 2 Whether the default judgment should be set aside for failure to file defence in time
- 3 Whether the defendant has a meritorious defence
Ratio Decidendi
The existence of a triable issue regarding whether the proceedings were prematurely commenced before the expiry of the statutory notice period justifies setting aside the default judgment in the interests of justice.
Court Disposition
Application to set aside default judgment allowed
Orders
- Default judgment set aside
- Defendant to file defence within 14 days
Full Case Text
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