Results.
34 judgments found.
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| November 1980 |
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Decree nisi granted on respondent’s cross-petition for adultery; petitioner’s cruelty claims unproven; custody and maintenance adjourned.
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Divorce—Adultery—Circumstantial evidence and inference—Standard of proof in civil adultery allegations; Domicile and jurisdiction—habitual residence vs passport; Collusion—absent where petitioner abandoned weak claims; Custody and maintenance adjourned.
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29 November 1980 |
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The applicant proved delivery and entitlement to K25,580.61; the respondent's counterclaim lacked evidence and was dismissed.
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Sale of goods — proof of delivery and indebtedness — invoices and admissions as evidence; counterclaim/set-off — requirement for documentary support; default judgment set aside and matter tried on merits.
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18 November 1980 |
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12 November 1980 |
| October 1980 |
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Employer proved one pleaded misconduct ground but terminated by contractual payment in lieu; pension discretion appropriately exercised.
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Employment law — wrongful dismissal — pleaded particulars of misconduct — summary dismissal versus termination by payment in lieu — contractual termination clause — pension fund discretionary employer contributions and fiduciary exercise of discretion.
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15 October 1980 |
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Plaintiff entitled to balance after defendant accepted and installed the mill; counterclaim for deposit and transport dismissed.
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Contract of sale — written agreement and receipts — acceptance by installation — transfer of property on acceptance — credibility of oral evidence — counterclaim for deposit and transport dismissed.
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8 October 1980 |
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Vague statements about losing a job for 'something to do with cash' were held not clearly defamatory and were justified by substantial truth.
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Defamation — meaning of alleged words — whether words impute criminal conduct so as to be actionable per se — defence of justification (substantial truth) — qualified privilege — requirement of duty or interest to confer privilege.
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8 October 1980 |
| September 1980 |
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Whether failure to deliver the agreed vehicle constituted breach entitling plaintiff to trade‑in value, accessories and damages.
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Contract law — sale and trade‑in — breach for non‑delivery; rescission — validity of alleged rescission; accessories and refunds for unprovided parts; counterclaim for conversion — failure for lack of proof; damages — nominal award.
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23 September 1980 |
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Agent-signed satisfaction certificate and lack of evidence defeat defendant's misrepresentation and set-off defence; plaintiff awarded full claim and costs.
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Contract law — acceptance by agent via satisfaction certificate; Misrepresentation — no evidence of actionable misrepresentation at time of contract conclusion; Agency — absence of agent’s testimony weakens defendant’s case; Evidence — credibility and scope of estimates; Set-off — rejected where scope differs.
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23 September 1980 |
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Bank entitled to recover overdraft plus agreed 15% interest where defendant failed to prove alleged write-off.
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Contract/Debt — Overdraft repayment — Evidence — Uncontradicted bank evidence enforceable where defendant fails to attend — Interest agreed at 15% — Costs.
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15 September 1980 |
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Buyer could not withhold payment absent proven warranty; duty to mitigate; K75 awarded for missing spare wheel.
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Sale of Goods Act s.16(a) — implied condition of fitness — seller not a dealer; express warranty — burden of proof; mitigation of loss — buyer's duty to purchase missing spare; failure to plead — blue book/transfer documents.
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15 September 1980 |
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15 September 1980 |
| August 1980 |
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30 August 1980 |
| July 1980 |
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Adultery established on a balance of probabilities from petitioner's evidence and respondent's admission; decree nisi granted.
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Family law — Divorce — Adultery — Standard of proof: balance of probabilities though higher degree may be required given seriousness — Uncorroborated admission of venereal disease and petitioner’s testimony can suffice — Connivance/condonation absent.
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26 July 1980 |
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Whether a binding long-term supply contract existed and whether the defendant proved breach and damages.
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Contract formation — offer and acceptance — intention to create legal relations — silence/conduct not acceptance — ad hoc supply and availability — burden on claimant to prove contract and terms.
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4 July 1980 |
| June 1980 |
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Buyer failed to prove engine defects or wrongful repossession; claim dismissed for lack of evidence.
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Sale of goods — caveat emptor — buyer's onus to prove serious defects or total failure of consideration; evidentiary requirement of expert/mechanic evidence; repossession for unpaid balance; detinue and conversion not established.
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28 June 1980 |
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Decree nisi granted for cruelty: assaults established, condonation not found or revived, custody to petitioner, costs to respondent.
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Family law — Divorce — Cruelty — Physical assault as ground for divorce; Condonation — resumption of cohabitation and revival by subsequent conduct; Defence of "discipline" rejected; Custody and costs awarded.
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21 June 1980 |
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The applicant cannot enforce a sale absent an agreed price; the respondent awarded mesne profits and costs.
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Contract for sale of land — agreement on price an essential term — no meeting of minds therefore no contract; Statute of Frauds — memorandum requirement satisfied but contract fails for lack of consideration; part performance — repairs and loan application insufficient to displace Statute; waiver/estoppel not pleaded; mesne profits and rent awarded on counterclaim.
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18 June 1980 |
| May 1980 |
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Decree nisi granted where the petitioner proved an uncondoned, serious incident of cruelty; earlier incidents were condoned.
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Family law — divorce — cruelty as ground for dissolution — proof on balance of probabilities — condonation (reconciliation and resumed cohabitation) — uncondoned serious assault justified decree nisi — jurisdiction (domicile in Malawi) — custody and maintenance adjourned.
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24 May 1980 |
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Court found false imprisonment by employees, employer vicariously liable; no actionable defamation; damages awarded to two plaintiffs.
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Tort — False imprisonment — Private person’s coercive conduct amounting to restraint — Vicarious liability of employer; Defamation — oral slander, innuendo and whether words reasonably impute criminality; Qualified privilege defeated by absence of reasonable cause and over-publication; Volenti non fit injuria defence rejected.
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9 May 1980 |
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3 May 1980 |
| April 1980 |
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A union contracted while a spouse had a subsisting earlier marriage is null and void; costs denied where petitioner knew of that marriage.
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Marriage law — validity of marriage where spouse has a prior subsisting marriage — s.34(1) Marriage Act; adultery ground unnecessary where marriage void; costs — party's knowledge and conduct relevant to awarding costs.
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11 April 1980 |
| March 1980 |
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Whether an oral promise of a post-probation wage increase was enforceable and whether K60 monthly covered claimed mileage expenses.
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Employment law — variation of wage by oral agreement — probationary increase; Contract and damages — mileage allowance versus per-mile reimbursement; Quantum meruit — insufficient evidence for implied term or unjust enrichment award; Transfer/relocation — ex gratia transport provided.
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29 March 1980 |
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Decree nisi granted for petitioner’s cruelty claim and for respondent’s adultery claim; damages against party cited dismissed.
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Family law — divorce: cruelty as ground for divorce; provocation and proportionality of retaliation; adultery — inference from association, opportunity and admissions; condonation; damages for enticement/alienation — need for positive evidence.
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22 March 1980 |
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Decree nisi granted where petitioner proved respondent’s cruelty causing injury and reasonable apprehension of danger.
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Divorce law — cruelty — physical assault while pregnant — injury to health — reasonable apprehension of danger to life and limb — decree nisi granted — costs subject to taxation — maintenance and custody adjourned.
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21 March 1980 |
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A civil marriage was declared null because the petitioner's earlier customary marriage still subsisted.
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Family law — Nullity of marriage — Effect of a subsisting customary-law marriage on a later civil marriage — Burden of proof to show prior marriage dissolved — Traditional courts not exclusively competent to dissolve customary marriages.
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15 March 1980 |
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Defendant cannot obtain directions by summons under High Court Rules; remedy is to apply for dismissal; application dismissed.
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Civil procedure — application for directions by defendant — plaintiff’s default — Order 25(4) Rules of the Supreme Court vs Order 3 High Court Rules — Order 3 rule 7 remedy (application for dismissal) — summons for directions not available under Order 3.
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7 March 1980 |
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Defendant breached sale agreement by failing to deliver part-exchange vehicle with certificate of fitness; plaintiff awarded K800 balance.
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Sale of goods — Part-exchange and instalment sale — Obligation to deliver part-exchange vehicle in working condition with certificate of fitness — Breach of contract — Credibility of witnesses — Alleged variation by deposit as security rejected.
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7 March 1980 |
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Decree nisi granted for divorce on proven adultery; cruelty not established; costs against the respondent.
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Divorce — Adultery: admission plus documentary exhibits can establish adultery; Cruelty: isolated open‑hand assaults without injury or particularity may not meet the legal threshold for cruelty; Decree nisi and costs; maintenance and custody adjourned to Chambers.
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7 March 1980 |
| February 1980 |
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Court upheld Shona customary marriage, dismissed husband’s cruelty petition, granted wife’s divorce for his adultery, and awarded her custody.
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Family law — validity of Shona customary marriage — lobola as essential element; jurisdiction — domicile; divorce — adultery vs cruelty; condonation; custody and access.
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29 February 1980 |
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Both the lead driver’s sudden stop and the following driver’s inadequate lookout were concurrent negligence, making both defendants jointly liable.
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Road traffic — sudden stopping without indication — duty to other road users — failure to keep proper lookout and following too close — concurrent negligence and joint liability — assessment of special and general damages — counterclaim against following driver.
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20 February 1980 |
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Default judgment set aside conditionally where subsequent oral evidence indicated a possible defence despite inadequate affidavit.
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Civil procedure — Default judgment — Application to set aside — Requirement of affidavit of merits under Order 10 r.3(2) — Farden v Richter — Oral evidence may supplement inadequate affidavit to show prospect of defence — Conditional setting aside and costs.
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11 February 1980 |
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Court set aside bankruptcy notice and default judgment entered during Long Vacation, holding notice of appearance is a pleading.
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Bankruptcy — Notice to set aside — Default judgment entered during Long Vacation — Notice of Appearance deemed a pleading where writ is endorsed with statement of claim — Judgment irregular and set aside ex debito justitiae — Alternatively, judgment set aside as unperfected (interest/costs) — Order 13 r.9.
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7 February 1980 |
| January 1980 |
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Divorce granted for adultery and desertion; custody to petitioner, reasonable access to respondent, costs against respondent and co-respondent.
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Family law — Divorce — Adultery and desertion proved by documentary corroboration — No condonation — Custody to petitioner with reasonable access to respondent — Costs ordered against respondent and co-respondent.
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17 January 1980 |
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Plaintiff’s claim dismissed: court found no negligence by the driver; accident caused by sudden child intrusion among cattle.
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Torts — vicarious liability — motor accident — negligence standard for drivers — weight of contemporaneous police statements — Rylands v. Fletcher inapplicable — inevitable accident defence
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9 January 1980 |