Mdoka v Chimombo and Stage Coach (Malawi) Limited (Civil Cause 1058 of 1991) [1992] MWHC 12 (15 July 1992)

IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE NO. 1058 OF 1991 BETWEEN: I. M. MDOKA ........................................... PLAINT I FF and ENOCK CHIMOMBO ....................................... 1ST DEFENDANT "'' STAGE COACH (MALAWI) LIMITED ......................... 2ND DEFENDANT CORAM: JANE MAYEMU ANSAH Ng'ombe of counsel for the plaintiff Chisanga of counsel for the defendant (MRS) ACTING DEPUTY REGISTRAR RULING This an application to amend defence. It is supported by an affidavit. The amendments brought are to admit liability and deny that the plaintiff suffeered any loss. Mr Ng'ombe, counsel for the plaintiff objects to the application and argues that, where liability is not in issue, judgement should be entered on behalf of the plaintiff, as there is already an application for judgement on admissions. On 25th February , 1992 the plaintiff's application for judgement on admissions was dismissed for want of prosecution. On that date the plaintiff and his lawyer were absent. Further where there is an admission of negligence without an admmission that the plaintiff suffered injury leave for an interlocutory judgement cannot be given because notwithstanding an admission of neglience, there is no admission of liability Paukine vs Garhen sons and company Limited 1979 All ER 1185. The applicati on to amend defence was allowed. The amended defence is to be served on the plaintiff within fourteen days. 2/ ..... -2- cos ts for t he plaintiff. , Made i n Chambe r s t his ..•.. day of Ju ly 1992, at Bl antyre. 15th I\ (J'_ Jane Mayemu Ansah (Mrs) ACTING DEPUTY REGI STRAR .. ' ' t I t ' ,