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High Court of Malawi - 1980 September

5 judgments
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5 judgments
September 1980
Kaonga v K.V.M . & Sons (Civil Cause 182 of 1979) [1980] MWHC 5 (23 September 1980)
Whether failure to deliver the agreed vehicle constituted breach entitling plaintiff to trade‑in value, accessories and damages.
  • 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.
23 September 1980
Mzuzu Panel Beaters v Aboo S. Okhai Limited (Civil Cause 524 of 1979) [1980] MWHC 26 (23 September 1980)
Agent-signed satisfaction certificate and lack of evidence defeat defendant's misrepresentation and set-off defence; plaintiff awarded full claim and costs.
  • 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.
23 September 1980
Commercial Bank of Malawi Limited v Kabaih (Civil Cause 289 of 1979) [1980] MWHC 14 (15 September 1980)
Bank entitled to recover overdraft plus agreed 15% interest where defendant failed to prove alleged write-off.
  • Contract/Debt — Overdraft repayment — Evidence — Uncontradicted bank evidence enforceable where defendant fails to attend — Interest agreed at 15% — Costs.
15 September 1980
Kaliati V Mukholi (Civil Cause 401 of 1979) [1980] MWHC 3 (15 September 1980)
Buyer could not withhold payment absent proven warranty; duty to mitigate; K75 awarded for missing spare wheel.
  • 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.
15 September 1980
Kumitsonyo v Kumitsonyo (Civil Cause 562 of 1979) [1980] MWHC 13 (15 September 1980)
15 September 1980