High Court of Malawi - 1986 July

5 judgments

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5 judgments
July 1986
Plaintiff's false imprisonment claim failed where defendant only provided information and police acted on their own judgment.
False imprisonment - liability requires laying a charge; mere provision of information to police not actionable - onus on plaintiff to prove accusation or procurement of arrest - failure to call material police witness and inconsistent evidence fatal to claim
21 July 1986
Directors who executed a continuing personal guarantee remained personally liable; receivership was properly appointed and counterclaims failed.
Security and guarantees – personal guarantee by directors – enforceability; Debenture – power to appoint receiver and manager; Receivership – grounds for appointment and scope of receiver's duties; Liability – guarantors' joint and several liability; Counterclaims – proof required for terminal benefits; Agency clause – receiver as agent of borrower excluding debenture holder's liability.
21 July 1986
Practitioner suspended three years for overcharging and deceiving client; misappropriation allegation not proved.
Professional misconduct – overcharging client – deliberate non-disclosure of settlement amount – deception – misappropriation suspected but not proved beyond reasonable doubt – high standard of proof for deceit allegations – suspension for professional misconduct under s.21 Legal Education and Legal Practitioners Act.
14 July 1986
11 July 1986
Whether a customary-law wife may petition to nullify her husband's Marriage Act marriage under the Divorce and Marriage Acts.
Family law — Nullity of marriage; locus standi of customary-law spouse; interaction of Marriage Act s34(1) and Divorce Act s11/12(1)(d); void marriages; potential bigamy offence.
11 July 1986