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Malawi Case Law

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Civil procedure [2008] MWHC 247

CBR Tours and Travel LTD v Mhindi Buiding Contractors

CBR Tours and Travel LTD v Mhindi Buiding Contractors (Civil Cause 230 of 2001) [2008] MWHC 247 (24 April 2008)

The High Court of Malawi set aside a default judgment after finding the defendant had a defence with a real prospect of success, and ordered a defence to be filed within 14 days.

  • Setting aside default judgment
  • Affidavit of merits
  • Irregular judgment
  • Defence on merits
  • Civil-procedure
  • Default-judgment
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Civil procedure [2004] MWHC 63

Thomson v Leyland Daf (Malawi) Ltd

Thomson v Leyland Daf (Malawi) Ltd (Civil Cause 919 of 2003) [2004] MWHC 63 (17 August 2004)

Sheriff fees and expenses are payable by the party who caused execution, even if the judgment is later found to be irregular, because the sheriff performed the required duties and incurred expenses at the request of that party.

  • Sheriff's fees
  • Irregular judgment
  • Execution of judgments
  • Costs
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Bankruptcy [1980] MWHC 31

Bouri v Mudalliar

Bouri v Mudalliar (Civil Cause 6 of 1979) [1980] MWHC 31 (7 February 1980)

The High Court of Malawi set aside a bankruptcy notice and the underlying default judgment, holding the judgment was irregularly entered during Long Vacation.

  • Irregular judgment
  • Pleadings
  • Long vacation
  • Notice of appearance
  • Bankruptcy
  • Civil-procedure
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Malawi decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.