Sankhani v Chibwana (Civil Cause 524 of 2021) [2022] MWHC 127 (5 September 2022)

Sankhani v Chibwana (Civil Cause 524 of 2021) [2022] MWHC 127 (5 September 2022)

The Defendant failed to provide a reasonable cause for not defending the claim and did not act promptly in applying to set aside the default judgment. The alleged defence was found to be a tactic to frustrate the Claimant, and the delay was unjustified. Therefore, the application to set aside the default judgment was dismissed.

Citation
[2022] MWHC 127
Parties
Claimant: Paul Sankhani; Defendant: Pilirani Chibwana
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
5 September 2022
Case Number
Civil Cause 524 of 2021
Procedural Posture
Civil / Ruling on Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment dismissed; stay of execution vacated; each party to bear its own costs.
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

Case Brief

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Parties

Paul Sankhani

Claimant

Pilirani Chibwana

Defendant

Procedural Posture

Civil / Ruling on Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be set aside
  2. 2 Whether the stay of execution should be vacated

Ratio Decidendi

The Defendant failed to provide a reasonable cause for not defending the claim and did not act promptly in applying to set aside the default judgment. The alleged defence was found to be a tactic to frustrate the Claimant, and the delay was unjustified. Therefore, the application to set aside the default judgment was dismissed.

Court Disposition

Application to set aside default judgment dismissed; stay of execution vacated; each party to bear its own costs.

Orders

  • Application to set aside default judgment dismissed
  • Stay of execution of default judgment vacated