Clement v Prime Insurance Co. Ltd. (Personal Injury 166 of 2012) [2018] MWHC 690 (13 June 2018)

IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY PERSONAL INJURY NO. 166 OF 2012 BETWEEN: JAMES CLEMENT.......................................................................................................................... CLAIMANT PRIME INSURANCE COMPANY LTD DEFENDANT AND CORAM Mrs T. Soko : Assistant Registrar Minjale : Counsel for the claimant (acting on brief) Mrs Mkandawire : Court Clerk ORDER TO STRIKE OUT A DEFENCE This is an order to strike out a defence following an application by the claimant. The application was made 13th October 2017 and it was heard on 27th March 2018 after one adjournment on 31st October 2017. Counsel stated that the Court gave directions that parties exchange the list of documents within 14 days but the defence did not comply. Counsel then prayed that the defence be stuck out and judgment entered in favour of the claimant. Before I make the determination I must say that I have perused though the Court record and find that the summons to strike out the defence was dismissed for nonattendance on 7th November 2017. There is no application to restore the application or proceedings in that application. As such the Court cannot proceed to make the determination on the application which was dismissed. (V^v-U^-v q — ,'f-v£r lxJ^~ <Fi a > T. Soko Assistant Registrar