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High Court of Malawi - 1980 May

3 judgments
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3 judgments
May 1980
Patel v Patel (Civil Cause 577 of 1979) [1980] MWHC 25 (24 May 1980)
Decree nisi granted where the petitioner proved an uncondoned, serious incident of cruelty; earlier incidents were condoned.
  • 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.
24 May 1980
Nchenga & 2 others v Morgan & 2 others (Civil Cause 626 of 1979) [1980] MWHC 17 (9 May 1980)
Court found false imprisonment by employees, employer vicariously liable; no actionable defamation; damages awarded to two plaintiffs.
  • 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.
9 May 1980
Janchello v The Administrator General & 1 other (Civil Cause 462 of 1979) [1980] MWHC 12 (3 May 1980)
3 May 1980