This is an appeal from the judgment of the High Court of Malawi, Commercial
Division, sitting at Blantyre. It is clear, just from a cursory look at the pleadings,
that the litigation of this matter in the Court of first instance was quite a troubled
one. The pleadings kept so shifting that by the time hearing was taking place, they
had successfully graduated from the initial Writ, Statement of Claim, and Defence
the parties had started with to a Re-re-re-Amended Writ, a Re-re-re-Amended
Statement of Claim, and a Re-re-re-Amended Defense. There is even an Amended
Reply to the Re-re-re-Amended Defence on record