High Court of Malawi - 1981 February

Sort by:

3 judgments

Citation	Judgment date
February 1981
Kazembe v Kashitigu (Civil Cause 848 of 1979) [1981] MWHC 8 (26 February 1981) Plaintiff proved oral defamation; defendant's truth defence failed and damages of K2,500 awarded. Defamation – oral publication – actionable per se; defence of truth/justification – burden on defendant – absence of proof; damages for injury to reputation and business; hearing in absence after personal service.	26 February 1981
Messrs Limani Limited v Messrs Limani Limited (Civil Cause 387 of 1979) [1981] MWHC 2 (23 February 1981) Delay and refusal to deliver essential agricultural items breached an indivisible contract, entitling the buyer to repudiate and recover the deposit. Contract law – mixed written and oral terms – representations as contractual terms; Sale of goods – entire/indivisible contract; time of delivery of essence; fundamental breach entitling repudiation; proof and certainty of damages (loss of profits).	23 February 1981
Gondwe v Lora (Civil Cause 431 of 1979) [1981] MWHC 3 (9 February 1981) Provocation did not reduce compensatory damages for assault causing permanent hearing loss; plaintiff awarded K4,000 plus costs. Tort — Assault and battery — Damages for physical injury — Provocation as mitigation — Permanent eardrum perforation and partial hearing loss — Compensatory damages not reduced by trivial provocation.	9 February 1981