Kakunda v Kachali and Another (Civil Cause 405 of 2021) [2023] MWHCCiv 33 (2 May 2023)

IN THE HIGH COURT OF MALAWI MZUZU DISTRICT REGISTRY CIVIL DIVISION CIVIL CAUSE NO. 405 OF 2021 BETWEEN TA VID ARCLINDIA, se tities caomnncen aanreeovsiy ly PETAR Eneeun ammmwrws wnmengetsy CLAIMANT AND PREC KACHIALL vcore nes ieetaiite van enmmmen neue gE dlieeeraennn 1 DAREN DAN T UNITED GENERAL INSURANCE COMPANY LIMITED ... 28’ DEFENDANT CORAM: Honourable Justice T. R. Ligowe E. Mbotwa, Counsel for the Claimant B. Mkopoliwa, Counsel for the 1*' Defendant C. Kambalame, Counsel for the 2"! Defendant K. Thadzi, Official Interpreter ORDER (Under Order 13 rule 9 of the Courts (High Court) (Civil Procedure) Rules, 2017) l The 1% Defendant admitted liability to causing the accident which caused damage to the Claimant’s motor vehicle in this case, but no settlement agreement was reached regarding payment of damages by the 2" Defendant because the insured according to the policy of insurance, Will Dunnotter, sold the motor vehicle to the 1** Defendant. The issue for trial is whether the 2"? defendant is liable to pay in the circumstances. The case is now referred to another Judge for trial. Dated this 2" day of May 2023. a \ Lait : TR Ligowe JUDGE