Walford Meadows Limited v Mkulumadzi Farm Bakeries (Civil Cause 727 of 1992) [1993] MWHC 21 (28 July 1993)

I ( Ii , IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE NUMBER 727 OF 199t BETWEEN: WALFORD MEADOWS LIMITED . . . . . . . . . . . . . . . . . . . . . . PLAINTIFF MK ULUMAD ZI FARM BAKERIES . . . . . . . . . . . . . . . . . . . . . DEFENDANT and CORAM: J a ne May e mu An s ah (Mrs) Acting De puty Registra r Tembenu Counsel for the plaintiff Chikopa Couns el for the defendant RULING Mr Tembenu counsel fo r r ules are ag a inst setting aside a regular Th i s is an application to set aside a default judgemen t that was e ntered against the defendant on 6th April, 1992. The ap plication is duly supported by an affidavit. It is s ought to s et aside the judgement on one ground, that the defen dant ha s got a defence on merit. the p laintiff has argued that although there are triable is sues, t he judgement, bec aus e what the defendant has is a counter claim and n ot a se t-off which The gr ound? of his application are contained in paragraph eight le gal practitioner's affidavit a-f. It is true that sub par agraph b refer e s to a counter claim, but the rest do not . the defence which is contain ed in I pa ragraph eight d i sclose arguable and triable issues. I al low th e application. Judgement is hereby set aside and the d e fendant is grant e d leave to defen d this action. law is regarded to be a defence. t h e ref o re find th a t in Made i n ( , l / __ .. \ /, ,,\ ---,/ '._ ~l~ {~J-- Jane Mayemu Ansah (Mrs) ACTING DEPUTY REGISTRAR