S R Nicholas LTD v Malawi Telecomms LTD (Civil Cause 680 of 2001) [2005] MWHC 136 (12 April 2005)

S R Nicholas LTD v Malawi Telecomms LTD (Civil Cause 680 of 2001) [2005] MWHC 136 (12 April 2005)

Plaintiff is entitled to 15% collection costs on the whole admitted sum as part payment was made after service of writ and claim for costs was pleaded.

Citation
[2005] MWHC 136
Parties
Plaintiff: SRNICHOLAS LIMITED; Defendant: MALAWI TELECOMMS LTD
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
12 April 2005
Case Number
Civil Cause 680 of 2001
Procedural Posture
Civil / Order on Application for Collection Costs
Outcome
Plaintiff awarded 15% collection costs on admitted sum.
Legal Topics
Collection Costs, Affidavit Evidence, Pleadings
Source Language
English
Civil Procedure Debt Recovery Collection Costs Affidavit Evidence Pleadings

Case Brief

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Parties

SRNICHOLAS LIMITED

Plaintiff

MALAWI TELECOMMS LTD

Defendant

Procedural Posture

Civil / Order on Application for Collection Costs

Legal Issues

  1. 1 Entitlement to 15% collection costs on admitted debt
  2. 2 Effect of timing of part payment on collection costs
  3. 3 Requirement to plead collection costs in statement of claim

Ratio Decidendi

Plaintiff is entitled to 15% collection costs on the whole admitted sum as part payment was made after service of writ and claim for costs was pleaded.

Court Disposition

Plaintiff awarded 15% collection costs on admitted sum.

Orders

  • Plaintiff awarded collection costs at 15% of admitted debt
  • Court to be addressed on costs of the application