Wadreck v Gala Estate Limited (Civil Cause 151 of 2018) [2018] MWHC 941 (11 September 2018)

Wadreck v Gala Estate Limited (Civil Cause 151 of 2018) [2018] MWHC 941 (11 September 2018)

The defendant demonstrated an arguable defence and contentious issues suitable for trial, and the court found service was proper at the place known to the claimant as the principal place of business. The default judgment was set aside to allow the matter to be heard on merits.

Citation
[2018] MWHC 941
Parties
Claimant: Molesi Wadreck; Defendant: Gala Estate Limited
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
11 September 2018
Case Number
Civil Cause 151 of 2018
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
application granted; default judgment set aside
Legal Topics
Default Judgment, Service of Process, Setting Aside Judgment
Source Language
English
Civil Procedure Default Judgment Service of Process Setting Aside Judgment

Case Brief

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Parties

Molesi Wadreck

Claimant

Gala Estate Limited

Defendant

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be set aside for want of proper service and existence of a meritorious defence

Ratio Decidendi

The defendant demonstrated an arguable defence and contentious issues suitable for trial, and the court found service was proper at the place known to the claimant as the principal place of business. The default judgment was set aside to allow the matter to be heard on merits.

Court Disposition

application granted; default judgment set aside

Orders

  • Defendant to serve its defence on the claimant within 7 days after service of this order
  • Costs of the application awarded to the claimant