Blantyre Hotels LTD v National Road Safety Council of Malawi (Civil Cause 2608 of 2001) [2004] MWHC 102 (27 February 2004)

IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE NO. 2608 OF 2001 BETWEEN: BEANTYRE HOTELS ILIMITED ... :.su55 susssdonssmunssmassss ssinssiumn PLAINTIFF AND NATIONAL ROAD SAFETY COUNCIL OF MALAWI .....oooiiiiiiiiicetce e DEFENDANT CORAM : TEMBO, ASSISTANT REGISTRAR Mulemba, Counsel for the Plaintiff ORDER time This is this court’s order on the plaintiff's application made under Order 14 r 1 Rules of Supreme Court for the sum claimed herein of K353,938.81, compound interest thereon at 3% above base lending rate at the prevailing commercial bank lending rates ruling from time until payment and to for dates respective The notice of hearing of K52,940.82 statutory legal collection costs. the summons for summary judgment was duly the served on defendant who chose not to appear at the hearing. The plaintiff's application is supported by an affidavit and there’s no affidavit in opposition. invoices from plaintiff The defendant herein requested hotel services from the during the period between 16" February, 2000 and 31% October, Page 1 of 3 This is The total cost of the same came up to K352,938.81. 2000. clear from the Local Purchase Orders issued by the defendant to the plaintiff and also from the invoices from the plaintiff to the defendant This court is of the view both of which have been exhibited herein. This court has had that the plaintiff has clearly proved its case. regard to the defendant’s defence in which the defendant merely denies owing the sums allegedly due from itself to the plaintiff That defence is indeed a sham, as argued by the plaintiff, in the face of the evidence before this court. 1 Rules of This court is aware that on an application under order 14 r Supreme Court for summary judgment, judgment is entered for the it clearly proves its case and if the defendant is unable to plaintiff if set up a bona side defence, or to raise an issue against the claim which ought to be tried Roberts v Plant[1895] 1 Q. B. 597. This court finds, as already stated above, that the plaintiff's claim has been clearly proved. And further that the defendant has not set up a bona side defence or raised an issue that needs to go to trial. And so this court enters summary judgment for the plaintiff for the sum claimed of K352,938.31 plus compound interest thereon at 3% above base lending rates ruling at the commercial banks from time to time from respective invoice dates until payment. Summary Judgment is also entered for costs of this action and for in the last paragraph in the plaintiff's the other items particularised affidavit in support of the instant application. Made in Chambers at Blantyre this Q7 Day of February, 2004. Page 2 of 3 Page 3 of 3