Kamfutso & Ors. v Chita One Investment & Anor. (Personal Injury Case 1032 of 2013) [2018] MWHC 944 (28 September 2018)

· George Kamfutso and 12 Others v. Chita One Investment & Another JUDICIARY IN THE HIGH COURT OF MALA WI PRINCIPAL REGISTRY PERSONAL INJURY CAUSE NO. 1032 OF 2013 BETWEEN GEORGE KAMFUTSO AND 12 OTHERS ......................... PLAINTIFFS CHITA ONE INVESTMENT ...................................... 15 T DEFENDANT AND PRIME IN URANCE COMPANY LIMITED ................. 2 DEFENDANT S ND CORAM: THE HONOURABLE JUSTICE KENYATTA NYIRENDA Mrs. Doreen Nkangala, Court Clerk Kenyatta Nyirenda, J ORDER The present proceedings were commenced on 25th January 2013. The Plaintiffs claim damages for pain, suffering and disfigurement. The Defendants filed their Defence. Hearing of the case was set for 30th March 2017 but hearing failed to take place because the Defendants were not served with the notice of hearing. The case was adjourned to a date to be fixed. - Neither party has since then taken any step in these proceedings. Order 12, r.56, of the Court (High Court) (Civil Procedure) Rules [Hereinafter referred to as "CPR"] comes into play where there is such non-action. The provision is couched in the following terms: "The Court may strike out a proceeding without notice, if there has been no step taken in the proceedings for I 2 months. " · George Kamfutso and 12 Others v. Chita One Investment & Another Kenyatta Nyirenda, J. In the present proceedings, more than 16 months have elapsed without the Plaintiff taking steps to prosecute this case. This is clearly an abuse of court process. Public policy requires that litigation must come to an end. In the premises, I have no option but to strike out the proceedings herein. It is so ordered. In light of the foregoing and by reason thereof, the Registrar's attention is drawn to Order 12, r.58, of CPR. Pronounced in Court this 28th day of September 2018 at Blantyre in the Republic of Malawi. Kenyatta Nyirenda JUDGE - 2