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High Court of Malawi - 1988 December

4 judgments
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4 judgments
December 1988
Chalenga v Chalenga and 1 other (Civil Cause 598 of 1986) [1988] MWHC 36 (23 December 1988)
23 December 1988
Bestobell (Malawi) Limited v Nchenachena Coffee Plantation Limited (Civil Cause 14 of 1987) [1988] MWHC 24 (5 December 1988)
Plaintiff proved debt for goods sold; defendant’s incomplete-goods defence inconsistent with pleadings and rejected.
  • Contract — sale of goods — whether goods sold were complete and in working condition; payment terms evidenced by invoice and delivery note; variance between pleaded defence and evidence; proof of debt on balance of probabilities.
5 December 1988
Blantyre Water Board v Monobec Limited (Civil Cause 519 of 1987) [1988] MWHC 25 (5 December 1988)
The plaintiff failed to prove the defendant unlawfully drew water from the mains; claim dismissed with costs.
  • Water supply — alleged unlawful abstraction from mains — trespass to goods — burden of proof — credibility and circumstantial billing evidence — temporary connection not actionable trespass.
5 December 1988
Macpherson v Macpherson and 2 others (Civil Cause 664 of 1988) [1988] MWHC 41 (1 December 1988)
1 December 1988