Zachepa v Leyland Daf (Mw) LTD (Civil Cause 3797 of 2001) [2002] MWHC 82 (2 May 2002)

Zachepa v Leyland Daf (Mw) LTD (Civil Cause 3797 of 2001) [2002] MWHC 82 (2 May 2002)

The judgment debtor failed to provide sufficient evidence to justify the proposed instalment payments, and the offer was unreasonably low given the size of the debt and the debtor's status as a company. The application to settle the debt by instalments is dismissed with costs.

Citation
[2002] MWHC 82
Parties
Plaintiff: Patrick Zachepa; Defendant: Leyland DAF (Malawi) Ltd
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
2 May 2002
Case Number
Civil Cause 3797 of 2001
Procedural Posture
Civil / Ruling on Application to Settle Judgment Debt by Instalments
Outcome
Application dismissed with costs
Legal Topics
Enforcement of Judgment, Payment by Instalments
Source Language
English
Civil Procedure Debt Recovery Enforcement of Judgment Payment by Instalments

Case Brief

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Parties

Patrick Zachepa

Plaintiff

Leyland DAF (Malawi) Ltd

Defendant

Procedural Posture

Civil / Ruling on Application to Settle Judgment Debt by Instalments

Legal Issues

  1. 1 Whether the judgment debtor should be allowed to settle the judgment debt by monthly instalments of K30,000.00

Ratio Decidendi

The judgment debtor failed to provide sufficient evidence to justify the proposed instalment payments, and the offer was unreasonably low given the size of the debt and the debtor's status as a company. The application to settle the debt by instalments is dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Judgment Debtor’s Summons dismissed with costs