Steven v Steven and Dassu (Civil Cause No. 84 of 1987) [1991] MWHC 4 (8 November 1991)

Steven v Steven and Dassu (Civil Cause No. 84 of 1987) [1991] MWHC 4 (8 November 1991)

The respondent's failure to comply with the court's orders to provide security for costs for both the petitioner and the third party cited justified proceeding with the petition as undefended and dismissal of the cross-petition with costs.

Citation
[1991] MWHC 4
Parties
Petitioner: Zubedah S. Steven; Respondent: George M. Steven; Co Respondent: Shari1eela Passu; Third Party Cited: Mr. Chizumila
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
8 November 1991
Case Number
Civil Cause No. 84 of 1987
Procedural Posture
Civil Cause / Ruling on Compliance With Security for Costs and Dismissal of Cross Petition
Outcome
Petition to proceed as undefended; cross-petition dismissed with costs as relates to third party cited.
Legal Topics
Security for Costs, Dismissal of Cross Petition, Compliance With Court Orders
Source Language
English
Civil Procedure Security for Costs Dismissal of Cross Petition Compliance With Court Orders

Case Brief

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Parties

Zubedah S. Steven

Petitioner

George M. Steven

Respondent

Shari1eela Passu

Co Respondent

Mr. Chizumila

Third Party Cited

Procedural Posture

Civil Cause / Ruling on Compliance With Security for Costs and Dismissal of Cross Petition

Legal Issues

  1. 1 Whether respondent complied with order to provide security for costs
  2. 2 Whether cross-petition relating to third party cited should be dismissed for non-compliance

Ratio Decidendi

The respondent's failure to comply with the court's orders to provide security for costs for both the petitioner and the third party cited justified proceeding with the petition as undefended and dismissal of the cross-petition with costs.

Court Disposition

Petition to proceed as undefended; cross-petition dismissed with costs as relates to third party cited.

Orders

  • Petition to proceed as undefended
  • Cross-petition relating to third party cited dismissed with costs