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High Court of Malawi - 1988 March

8 judgments
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8 judgments
March 1988
Osman v Mobile Motors Limited (Civil Cause 361 of 1987) [1988] MWHC 27 (28 March 1988)
Clear admission supports judgment; alleged set-off in separate unpleaded action cannot defeat judgment on admission.
  • Civil procedure — Judgment on admission — Sufficiency and clarity of admission — Set-off and counterclaim — Requirement to plead counterclaim under Order 15 — Separate actions and consolidation — Abuse of court.
28 March 1988
Administrators of the Estate of the late Dunstan Msonthi v Tikumbe Limited and 1 other (Civil Cause 580 of 1986) [1988] MWHC 14 (21 March 1988)
21 March 1988
Chilinkholi v Chilinkholi (Civil Cause 504 of 1979) [1988] MWHC 1 (21 March 1988)
Applicant granted decree nisi for divorce on adultery inferred from respondent’s cohabitation and children; respondent ordered to pay costs.
  • Matrimonial law — Divorce — Adultery — Proof by inference from cohabitation and children — Undefended petition and absence of collusion — Jurisdiction where parties domiciled in Malawi
21 March 1988
Amin & Company v Marshall (603 &650 of 1985) [1988] MWHC 2 (18 March 1988)
18 March 1988
Kanyimbili v Kanyimbili (Civil Cause 75 of 1985) [1988] MWHC 4 (11 March 1988)
Whether the applicant proved the respondent's desertion; court found desertion and granted decree nisi dissolving the marriage.
  • Family law — Divorce — Desertion — Proof of factum of separation and animus deserendi — Undefended petition and absence of collusion — Decree nisi granted; custody and ancillary matters adjourned — Costs awarded to petitioner.
11 March 1988
Kawamba v W.T.C Freight Limited (Civil Cause No. 541 & 542 of 1986) [1988] MWHC 20 (11 March 1988)
11 March 1988
Mwenda v Mwenda and 1 other (Civil Cause 649 of 1986) [1988] MWHC 13 (11 March 1988)
11 March 1988
Mkumba v The attorney General (Civil Cause 316 of 1986) [1988] MWHC 35 (1 March 1988)
1 March 1988