High Court of Malawi - 1986 December

8 judgments

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8 judgments
December 1986
30 December 1986
Applicant failed to prove adultery or cruelty as grounds for divorce; petition dismissed.
Divorce — jurisdiction (domicile) — adultery: sufficiency of evidence and inference from letters — cruelty: requirement of bodily/mental harm or reasonable apprehension — undefended petition and risk of collusion.
30 December 1986
Defendants breached supply contract by withholding timely transport; plaintiff awarded damages under contractual principles and Hadley v Baxendale.
:[
29 December 1986
16 December 1986
Whether rent was conditional on repairs and whether the defendant’s occupation created a tenancy at will entitling possession.
Landlord and tenant — creation of lease — agent’s authority to conclude lease — entry and payment creating tenancy at will — rent contingent on repairs — mesne profits and possession.
12 December 1986
Adultery proven by circumstantial evidence; marriage dissolved, custody to petitioner, compensatory damages and costs awarded.
Divorce — Adultery — Proof by inference from association and opportunity; no requirement of direct proof — Condonation and collusion as potential bars — Damages against third party for role in breakdown of marriage — Custody to petitioner with reasonable access to respondent — Costs awarded to petitioner.
12 December 1986
High Court reviewed and reduced a Taxing Master's unexplained upward revision of a solicitor-and-own-client bill.
Taxation of costs — review by High Court — scope of review powers — limits on fresh evidence and new grounds — necessity of reasons for variation — relevance of solicitor's own-client bill.
1 December 1986
High Court reviewed and reduced a Taxing Master’s increased taxation of a solicitor-and-own-client bill, fixing K6,384.20.
Taxation of costs – Review of Taxing Master’s decision – Solicitor-and-own-client bill – Discretionary awards – Requirement for reasons when varying prior taxation – Admissibility of original bill as a guide.
1 December 1986