Mchenga v Mayelo (Land Cause 78 of 2016) [2018] MWHC 1313 (31 January 2018)

Mchenga v Mayelo (Land Cause 78 of 2016) [2018] MWHC 1313 (31 January 2018)

The application to set aside default judgment was granted because the defendant acted promptly and diligently, and there was no inordinate or inexcusable delay; the defendant is allowed to file a defence within 14 days.

Citation
[2018] MWHC 1313
Parties
Plaintiff: Peter Mchenga; Plaintiff: Rex Mayelo; Defendant: Blantyre Water Board
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
31 January 2018
Case Number
Land Cause 78 of 2016
Procedural Posture
Application to Set Aside Default Judgment / Ruling on Application
Outcome
application granted
Legal Topics
Default Judgment, Setting Aside Judgment, Delay in Filing Defence
Source Language
English
Civil Procedure Default Judgment Setting Aside Judgment Delay in Filing Defence

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Parties

Peter Mchenga

Plaintiff

Rex Mayelo

Plaintiff

Blantyre Water Board

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Ruling on Application

Legal Issues

  1. 1 Whether the default judgment was regular or irregular
  2. 2 Whether the defendant's delay in applying to set aside was inordinate and inexcusable
  3. 3 Whether the defendant has a defence on the merits

Ratio Decidendi

The application to set aside default judgment was granted because the defendant acted promptly and diligently, and there was no inordinate or inexcusable delay; the defendant is allowed to file a defence within 14 days.

Court Disposition

application granted

Orders

  • Defendant to file defence within 14 days
  • Costs to be in the cause