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High Court of Malawi - 1980 February

4 judgments
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4 judgments
Citation
Judgment date
February 1980
Mkonkha v Mkonkha (Civil Cause 439 of 1979) [1980] MWHC 28 (29 February 1980)
Court upheld Shona customary marriage, dismissed husband’s cruelty petition, granted wife’s divorce for his adultery, and awarded her custody.
Family law – validity of Shona customary marriage – lobola as essential element; jurisdiction – domicile; divorce – adultery vs cruelty; condonation; custody and access.
 29 February 1980
Mhango v Lever Brothers Malawi Limited & 1 other (Civil Cause 243 of 1979) [1980] MWHC 2 (20 February 1980)
Both the lead driver’s sudden stop and the following driver’s inadequate lookout were concurrent negligence, making both defendants jointly liable.
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.
 20 February 1980
Mapemba V Lilongwe City Council (Civil Cause 1 of 1979) [1980] MWHC 6 (11 February 1980)
Default judgment set aside conditionally where subsequent oral evidence indicated a possible defence despite inadequate affidavit.
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.
 11 February 1980
Bouri v Mudalliar (Civil Cause 6 of 1979) [1980] MWHC 31 (7 February 1980)
Court set aside bankruptcy notice and default judgment entered during Long Vacation, holding notice of appearance is a pleading.
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.
 7 February 1980