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Malawi decisions
Decisions matching the current search
DBR International Wap Limited v Jiag & Ors. (Civil Cause 125 of 2014) [2017] MWHC 123 (11 May 2017)
The High Court of Malawi dismissed a plaintiff’s summary judgment application, finding triable issues about the agreement, the claimed amount, and the correspondence.
Ndalama v Chimwaza (Civil Cause 2261 of 2007) [2008] MWHC 245 (11 August 2008)
A party cannot ignore an existing court order, even if irregular or illegal, until it is set aside in a proper judicial manner. The plaintiff wrongly commenced fresh proceedings while the lower court order was still standing.
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S R Nicholas LTD v Malawi Telecomms LTD (Civil Cause 680 of 2001) [2005] MWHC 136 (12 April 2005)
The High Court held that the plaintiff was entitled to 15% collection costs on the admitted debt because part payment followed service of the writ and the claim was pleaded.
Mhango v Alliance for Democracy AFORD (Civil Cause 3918 of 2002) [2003] MWHC 23 (3 March 2003)
The High Court of Malawi set aside a regular default judgment after finding the defendant had an arguable defence about disputed legal fees and billing.
Chilenje t/a Combinado Metangula Pesqueiro De Metangula v Attorney General (Civil Cause 676 of 2001) [2003] MWHC 125 (23 February 2003)
The High Court of Malawi set aside a default judgment against the Attorney General, holding the judgment was irregular and, in any event, the defendant showed an arguable defence.
R I Hamdani Transport v National Finance Company LTD (Civil Cause 2118 of 2001) [2002] MWHC 83 (2 October 2002)
The High Court held that judgment on admission is interlocutory, but refused the application because the alleged admission was unclear and arose during negotiations.
Mwale v Sacranie (Civil Cause 2627 of 1998) [2001] MWHC 114 (28 May 2001)
Applications for judgment on admission are interlocutory, and the Registrar should have considered the merits. The letter relied on did not constitute a clear and unequivocal admission warranting judgment. The Registrar's refusal to grant judgment on admission was a proper exercise of discretion.
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Susan Banda v Thokozani Banda (Matrimonial Cause 1 of 2001) [2001] MWHC 20 (3 May 2001)
The High Court set aside an early hearing of an originating summons as premature and irregular, and ordered the matter to proceed afresh under the affidavit timetable.
Oil Company of Malawi (1978) LTD v Chibwana t/a Dowa Filling Station (Civil Cause 152 of 2000) [2000] MWHC 53 (4 October 2000)
The defendant's assertions, if proved at trial, could constitute a successful defence; therefore, the default judgment must be set aside.
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