Kamoto v Jere & Ors (Misc. Civil Case 31 of 2018) [2018] MWHC 1183 (27 September 2018)

Arnold !3en Kamoto v Levi Jere and 2 Others Misc. Civil Cause No 31 of 2018 MzHC IG .. ~ ;'_:uUP• L•h•·· t R'f J -------- ·-- IN THE HIGH COURT OF MALAWI MZUZU DISTRICT REGISTRY: CIVIL DIVISION MISC. CIVIL CASE NO 31 OF 2018 BETWEEN Arnold Ben Kamoto ..................................... ......... ........... Claimant Levi Jere and 2 Others ..................................................... Defendants CORAM: HONOURABLE JUSTICE D. A. DEGABRIELE Mr. G. Kadzipatike Mr. A. M . Milone Mrs. R. Luhanga DeGabriele, J Counsel for the Plaintiff Official Interpreter Court Reporter ORDER I have noted that the defendants were served on 6th April, 2018 but have not filed a defence. The claimant herein then sought an ex parte injunction in the matter, but the Court ordered that the claimant make an inter partes application for the hearing of the applications for injunction. - Before the hearing of the application, tt,e Claimant then filed for a default judgement as the Defendants has not filed a defence on file. Amold Ben Kamoto v Levi Jere and 2 Others Misc. Civil Cause No 31 of 2018 MzHC It is an order of this Court that since the inter-parties hearing for an order of injunction did not take place, it is categorically stated that NO INJUNCTION HAS BEEN HEREBY GRANTED. The Court further orders that since there is no defence filed within the stipulated time frames under Order 10, Order 12 rule 6 of the Court's (High Court) Civil Procedure Rules (2017). A default judgment is therefore entered against the Defendants on the claims as outlined in the Statement of Claim. The Assistant Registrar can issue the same. It is so ordered. Made in Chambers at Mzuzu Registry this 27th day of September 2018 ~ . ~ HON. D. A. \ 11, ti ,~A-B . - JUDGE 2