Privatisation Commission v Northern Dairies LTD (Civil Cause 242 of 2000) [2000] MWHC 54 (15 August 2000)

Privatisation Commission v Northern Dairies LTD (Civil Cause 242 of 2000) [2000] MWHC 54 (15 August 2000)

The application for leave to give notice of intention to defend out of time cannot be entertained as only a defendant may apply under the relevant rules. However, the court set aside the judgment as it was entered against a non-existent party, and the 3rd party applicant had sufficient interest to be heard.

Citation
[2000] MWHC 54
Parties
Plaintiff: Privatisation Commission; Defendant: Northern Dairies Limited; 3rd Party Applicant: Mzuzu Private Dairy Limited
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
15 August 2000
Case Number
Civil Cause 242 of 2000
Procedural Posture
Civil / Ruling on Application to Set Aside Default Judgment and for Leave to Give Notice of Intention to Defend Out of Time
Outcome
judgment set aside
Legal Topics
Default Judgment, Setting Aside Judgment, Locus Standi, Irregular Service
Source Language
English
Civil Procedure Default Judgment Setting Aside Judgment Locus Standi Irregular Service

Case Brief

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Parties

Privatisation Commission

Plaintiff

Northern Dairies Limited

Defendant

Mzuzu Private Dairy Limited

3rd Party Applicant

Procedural Posture

Civil / Ruling on Application to Set Aside Default Judgment and for Leave to Give Notice of Intention to Defend Out of Time

Legal Issues

  1. 1 Whether a 3rd party applicant can apply for leave to give notice of intention to defend out of time under Order 12 Rule 6
  2. 2 Whether the default judgment should be set aside for being entered against a non-existent party

Ratio Decidendi

The application for leave to give notice of intention to defend out of time cannot be entertained as only a defendant may apply under the relevant rules. However, the court set aside the judgment as it was entered against a non-existent party, and the 3rd party applicant had sufficient interest to be heard.

Court Disposition

judgment set aside

Orders

  • The judgment herein is set aside for having been obtained against a non-existent party.
  • Costs to be borne by the plaintiff.