Stokes v Gator International Marine Limited (Civil Cause 446 of 1985) [1987] MWHC 15 (21 August 1987)

FY ‘ge al oF xv PO ” IN THE HIGH COURT OF MALAWI, BLANTYRE PRINCIPAL REGISTRY CIVIL CAUSE NO.446 OF 1985 BETWEEN: GUY DAVID STOKES ..cescecs coro aeceee ocoee PLAINTIFF AND GATOR INTERNATIONAL MARINE LIMITED ..... DEFENDANT Coram: MAKUTA, C. J. Chizumila, Counsel for the Plaintiff Chigaru, Official Interpreter Longwe, Court Reporter JUDGMENT The writ in this case was filed on 29th July, 1985 and a defence was filed on 21st August, 1985. When the case came for hearing on 25th May, 1987 Messrs. Lilley Wills & Company, who were representing the defendant, informed the Court that the defendant could not be traced and they applied for an adjournment so that they could locate their client. When the Court reassembled on 26th May, 1987 the defendant had not been located and a further adjournment was granted. The case was then set down for hearing on 3rd August, 1987. Mr. Sauti Phiri for Lilley Wills & Company told the Court that the defendant's Managing Director cannot be traced and every effort to serve the company has failed. Messrs. Lilley Wills & Company there- fore applied to withdraw from the case and let the case proceed without the defendant. I granted the application as I was of the view that the defendants were deliberately evading service. The case then proceeded undefended. The plaintiff claims a total sum of K10,612.62 being money due to him as salary and house allowance. By a letter dated lst November, 1984 the plaintiff was appointed as Official Representative for Gator International Marine Limited in Malawi at a salary of K1,500 per month. According to the plaintiff there was a supplementary oral agreement for accommodation. A house was found behind Ryall's Hotel and it belongs to a Mr. Ramanand. It was offered to the plaintiff in December, 1985. He went into occupation and the defendants were to pay K600 per month rent. The house was semi~furnished. The plaintiff was paid the November, 1984 salary, but was not paid his salary from January to May, 1985. Every effort to recover the money has been of no avail. There was, however, payment of K1,087.62 in respect of house rent. Then in June, 1987 the plaintiff resigned. At the time he resigned there was 5 months salary at K1,500 a month and this comes to K7,500. There was also 7 months house rent at K600 per month which comes to K4,200 less K1,087. The total house rent due is K3,112.38. The total claim due is therefore K10,612.62. I enter judgment for the plaintiff and he will have costs of the action. PRONOUNCED in open Court this 21st day of August, 1987 at Blantyre. pa. Male Lin CHIEF JUSTICE