Phiri v Kachere (Civil Cause 282 of 2016) [2018] MWHC 667 (14 May 2018)

Phiri v Kachere (Civil Cause 282 of 2016) [2018] MWHC 667 (14 May 2018)

The claimant took no steps to prosecute the case for over 20 months, constituting an abuse of court process and justifying striking out the proceedings under Order 12, r.56 of the CPR. The delay was intolerable and prejudicial to the administration of justice.

Citation
[2018] MWHC 667
Parties
Claimant: Chinyama M. Taumbe Phiri; Defendant: Martina Kachere
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
14 May 2018
Case Number
Civil Cause 282 of 2016
Procedural Posture
Civil / Ruling on Application to Dispense With Mediation and for Further Directions; Determination on Striking Out for Want of Prosecution
Outcome
Proceedings struck out for want of prosecution
Legal Topics
Striking Out Proceedings, Delay in Prosecution, Mediation Dispensation, Resulting Trust, Duty of Candour
Source Language
English
Civil Procedure Striking Out Proceedings Delay in Prosecution Mediation Dispensation Resulting Trust Duty of Candour

Case Brief

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Parties

Chinyama M. Taumbe Phiri

Claimant

Martina Kachere

Defendant

Procedural Posture

Civil / Ruling on Application to Dispense With Mediation and for Further Directions; Determination on Striking Out for Want of Prosecution

Legal Issues

  1. 1 Whether mediation should be dispensed with
  2. 2 Whether the proceedings should be struck out for want of prosecution

Ratio Decidendi

The claimant took no steps to prosecute the case for over 20 months, constituting an abuse of court process and justifying striking out the proceedings under Order 12, r.56 of the CPR. The delay was intolerable and prejudicial to the administration of justice.

Court Disposition

Proceedings struck out for want of prosecution

Orders

  • Proceedings struck out
  • Registrar’s attention drawn to Order 12, r.58, CPR