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Malawi decisions
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The High Court set aside a default judgment because summons had been served by post without a prior court order for alternative service, making service irregular.
Zapamwamba Investment v Daza (Commercial Cause 12 of 2023) [2023] MWHC 76 (4 September 2023)
The summons was not personally served on the defendant as required by the rules, thus the default judgment must be set aside.
Source excerpt
Sankhani v Chibwana (Civil Cause 524 of 2021) [2022] MWHC 127 (5 September 2022)
The High Court refused to set aside a default judgment, finding no reasonable cause for delay and no sufficient basis to disturb the judgment.
Msuku v Manesi, Maganga, Maganga and Persons unknown (Civil Cause 204 of 2021) [2022] MWHC 68 (20 May 2022)
The High Court of Malawi set aside a default judgment over a customary land dispute, accepting the defendants’ confusion between related proceedings and allowing the case to be heard on the merits.
Chisale v Central East African Railways Company Ltd (IRC MATTER 35 of 2022) [2022] MWHC 215 (19 April 2022)
The court refused to set aside a default judgment, holding that counsel’s oversight in failing to file a defence was not a good reason for non-compliance.
Kumchelekana v World Vision International (IRC MATTER 390 of 2019) [2022] MWHC 210 (19 April 2022)
The Industrial Relations Court refused to set aside a default judgment, holding that the respondent’s 1 year and 9 month delay was inordinate and unexplained.
Kumchelekana v World Vision International (IRC MATTER 390 of 2019) [2022] MWHC 211 (19 April 2022)
The application to set aside the default judgment and restore the defence is refused due to inordinate delay of 1 year and 9 months, which is not justified in law. The respondent was duly served and any failure to attend or loss of documents was due to their own negligence, which cannot prejudice the applicant.
Source excerpt
Kamanga v Magonjetsa, Solomon, Chaweza and Registered Trustees of Antiochea church (Land Cause 18 of 2018) [2022] MWHC 41 (22 March 2022)
The High Court of Malawi set aside a default judgment against the 4th defendant after finding the summons had not been personally served.
Kanjunjunju (Suing as the administrator of the estate of Kanjunjunju) and Another v Stenala (Personal Injury 171 of 2018) [2022] MWHC 155 (11 March 2022)
The High Court of Malawi set aside a default judgment after the defendant filed a defence late, allowing the personal injury claim to proceed on the merits.
Mungomo v Malawi Housing Corporation (Civil Cause 186 of 2015) [2022] MWHC 47 (25 February 2022)
High Court of Malawi allowed the defendant’s rehearing application after judgment in its absence, finding prompt action, good reason for non-attendance, and arguable prospects.
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