Wandawanda v The Attorney General (Civil Cause 998 of 1993) [1998] MWHCCiv 1 (18 March 1998)

IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE NO. 998 OF 1993 BETWEEN; G J WANDA WANDA..................................................... PLAINTIFF AND THE ATTORNEY GENERAL........................................ DEFENDANT CORAM: TWEA, REGISTRAR Mhone counsel for the plaintiff Chigawa counsel for the defendant RULING TWEA, REGISTRAR I have examined the record. I wish to follow up on my opinion on 19th September, 1995 as to the requirement of parties to meet on intent. Procedures are not a mere formality they are there to serve a purpose. I do not think the defendant are guilty of undue delay. They took action soon after they were aware of default in the procedure. The plaintiff cannot be prejudiced by removing the advantage he may have acquired by the defence and in my view the technicalities herein is to the advantage of both parties as what will come up for decision is what the parties wish to be determined and not mere procedural issues. -2- I therefore allow the defendant's application to set aside judgement. Each party to bear its own costs. Pronounced in Chambers this 18th day of March, 1998 at BlanCre. t B Twea REGISTRAR