Nkotima v ESCOM (Civil Cause 923 of 2007) [2021] MWHC 326 (8 June 2021)

Nkotima v ESCOM (Civil Cause 923 of 2007) [2021] MWHC 326 (8 June 2021)

The High Court is functus officio as the matter was already heard and determined by the Supreme Court; it cannot reopen the case.

Citation
[2021] MWHC 326
Parties
Claimant: L Nkotima; Respondent: ESCOM
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
8 June 2021
Case Number
Civil Cause 923 of 2007
Procedural Posture
Civil / Application to Rehear and Set Aside Judgment
Outcome
application dismissed
Legal Topics
Functus Officio, Rehearing Applications, Setting Aside Judgment
Source Language
English
Civil Procedure Functus Officio Rehearing Applications Setting Aside Judgment

Case Brief

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Parties

L Nkotima

Claimant

ESCOM

Respondent

Procedural Posture

Civil / Application to Rehear and Set Aside Judgment

Legal Issues

  1. 1 Whether the High Court can rehear and set aside its judgment after the matter was heard by the Supreme Court

Ratio Decidendi

The High Court is functus officio as the matter was already heard and determined by the Supreme Court; it cannot reopen the case.

Court Disposition

application dismissed

Orders

  • The application to rehear and set aside the judgment is dismissed.