In the matter of Ortac Aviation Limited (Civil Cause 262 of 1988) [1988] MWHC 30 (13 October 1988)

kin cag IN THE HIGH COURT OF MALAWI f "Gn AT BLANTYRE SS de, “YA; 7 ieee - 4 AS * Stig . a CIVIL CAUSE NO. 262 OF 1988 “rend IN THE MATTER OF ORTAC AVIATION LIMITED - and - IN THE MATTER OF THE COMPANIES ACT 1984 Coram: MBALAME, J. Pitman, Counsel for the Applicant Banda, Counsel for the Respondent Kadyakale, Law Clerk Gausi (Mre.), Court Reporter ey Sm GEE GO ME ER OSD RD ED GS GOO Mew REY ST SUP ome HE Gee ETS ED tne ome emt Gm exe Om ee Gn ee Oe a Eee Om om em mn om "5 Sts: ORDER AS TO COSTS The petitioner in this case hae withdrawn his petition. What now remains is the question of costs. It is common ground that costs follow the event. Indeed the respondent was going to defend the petition. There was provision in their agreement between the parties that the debt was to be paid in 48 instalments. This was contained in the Creditor's letter of 24th November 1986. It is not clear in what period those instalments were to be paid. That, in my judgment, is the Creditor's fault. I award costs to the respondent. Made in Chambers this 13th day of October, 1988 at Blantyre. ao ' ke a Ly = R. P. Mbalame JUDGE £ beg mie . GH cou.” i WOR 7 i ? ao t wLIRp Z te BRARy ; PRN se yy, f