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High Court of Malawi - 1980 June

3 judgments
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3 judgments
June 1980
Bokosi v Malire (Civil Cause 183 of 1979) [1980] MWHC 16 (28 June 1980)
Buyer failed to prove engine defects or wrongful repossession; claim dismissed for lack of evidence.
  • 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.
28 June 1980
Kadawati v Kadawati (Civil Cause 733 of 1979) [1980] MWHC 1 (21 June 1980)
Decree nisi granted for cruelty: assaults established, condonation not found or revived, custody to petitioner, costs to respondent.
  • 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.
21 June 1980
Mbalule v Osman (Civil Cause 421 of 1979) [1980] MWHC 23 (18 June 1980)
The applicant cannot enforce a sale absent an agreed price; the respondent awarded mesne profits and costs.
  • 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.
18 June 1980