Kamwendo v Buluhani (Land Cause 80 of 2015) [2018] MWHC 713 (18 May 2018)

Samson Kamwendo v. Maurice Richard Buluhani Kenyatta Nyirenda, J. JUDICIARY IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY LAND CAUSE NO. 80 OF 2015 BETWEEN: SAMSON KAMWENDO (Suing on his own behalf and on behalf of Chiwere Family)..................................... PLAINTIFF -AND MAURICE RICHARD BULUHANI.......................................... DEFENDANT CORAM: THE HONOURABLE JUSTICE KENYATTA NYIRENDA _____________________________ ORDER_____________________________ Kenyatta Nyirenda, J. The present proceedings were commenced on 19 November 2015. The Plaintiff commenced an action against the Defendant for damages and an injunction order restraining the Defendant, its agents and/or servant from entering, using, occupying and from further developing the Plaintiffs land located in Liundi Village, Traditional Authority Chowe in Mangochi District. iL The Plaintiff obtained an order of interlocutory injunction on 25th February 2016, following an inter-partes hearing on 18th February 2016. On 30th May 2017, the Plaintiff was granted leave to commence committal proceedings. No step whatsoever has been taken by either party in respect of the main proceedings since the issuance of the Statement of Claim on 19th November 2015. Order 12, r.56, of the Court (High Court) (Civil Procedure) Rules [Hereinafter referred to as “CPR”] comes into play where there is such non-action. The provision is couched in the following terms: “The Court may strike out a proceeding without notice, if there has been no step taken in the proceedings for 12 months. ” Samson Kamwendo v. Maurice Richard Buluhani Kenyatta Nyirenda, J. In the present proceedings, more than 12 months have elapsed without the Plaintiff taking steps to prosecute this case. This is clearly an abuse of court process. I have no option but to strike out the proceedings herein. It is so ordered. In light of the foregoing and by reason thereof, the Registrar’s attention is drawn to Order 12, r.58, of CPR. Pronounced in Chambers this 18th day of May 2018 at Blantyre in the Republic of Malawi. ( v f c Kenyatta Nyirenda JUDGE 2