High Court of Malawi - 1987 July

8 judgments
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Results. 8 judgments found.

8 judgments
July 1987
30 July 1987
30 July 1987
30 July 1987
Mechanic who removed a client's mill for repair and failed to return it held liable for its K3,500 value.
  • Tort—detention/conversion of goods delivered for repair; proof on balance of probabilities; credibility of documentary evidence; valuation of second-hand machinery for damages.
22 July 1987
Employer lawfully dismissed employee for taking employer property; toolbox claim lacked evidence and also failed.
  • Employment law — wrongful dismissal — theft of employer's property — misconduct — circumstantial and testimonial evidence — weight of written statement — burden on balance of probabilities; claim for employee's toolbox — insufficient evidence of retention by employer.
22 July 1987
22 July 1987
Decree nisi granted where petitioner proved cruelty causing serious injuries; custody and maintenance adjourned.
  • Family law — Divorce — Cruelty — Standard of proof higher than ordinary civil standard — Cruelty requires injury or reasonable apprehension of injury — Medical evidence supporting allegations of assault — Decree nisi granted — Custody and maintenance adjourned.
13 July 1987
Whether the respondent’s violent conduct (assaults and forced removal) constituted cruelty justifying dissolution of the marriage.
  • Family law — Divorce — Cruelty — Physical assault and forced removal at night constitute cruelty; standard of proof higher than balance of probabilities; condonation and provocation defences rejected — Decree nisi and costs awarded — Existing custody order to be addressed separately.
2 July 1987