Bouri v Mudalliar (Civil Cause 416 of 1979) [1985] MWHC 2 (19 September 1985)

The defence raises issues of law and fact that require close investigation, making summary judgment inappropriate; a full trial is necessary to resolve the dispute.

Citation: [1985] MWHC 2
Parties: Plaintiff: Subash G. Bourl; Defendant: Kaderville V. Mudalliar
Court: High Court of Malawi
Jurisdiction: Malawi
Judgment Date: 19 September 1985
Case Number: Civil Cause 416 of 1979
Procedural Posture: Civil / Application for Summary Judgment
Outcome: Application dismissed
Legal Topics: Summary Judgment, Partnership Disputes, Money Had and Received
Source Language: English

Civil Procedure Partnership Law Summary Judgment Partnership Disputes Money Had and Received

Case Brief

Summary, issues, holding and outcome

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Parties

Subash G. Bourl

Plaintiff

Kaderville V. Mudalliar

Defendant

Procedural Posture

Civil / Application for Summary Judgment

Legal Issues

1 Whether the plaintiff is entitled to summary judgment for the claimed sum
2 Whether the defendant's defence raises triable issues

Ratio Decidendi

The defence raises issues of law and fact that require close investigation, making summary judgment inappropriate; a full trial is necessary to resolve the dispute.

Court Disposition

Application dismissed

Orders

Defendant given leave to defend the action
Costs of the application to be the defendant's in any event