High Court of Malawi - 1988 May

5 judgments

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5 judgments
Citation
Judgment date
May 1988
Applicant's late acceptance did not form a contract when goods were sold prior; claim dismissed with costs.
Contract law – Offer qualified by "available ex-our stock, subject to prior sales"; formation of contract for specific goods; late acceptance; credibility of contemporaneous communications; specific performance claim dismissed.
31 May 1988
Decree nisi granted for cruelty; petitioner awarded custody and respondent ordered to pay costs.
Family law — Matrimonial causes — Cruelty as ground for divorce — Proof of repeated physical assaults and miscarriage — Undefended petition and warning against collusion — Decree nisi, custody and costs ordered.
27 May 1988
6 May 1988
Court found termination (not suspension), rejected alleged voucher payment, and awarded three months’ salary in lieu of notice.
Employment law – termination v. suspension – admissibility and weight of company documents and signatures – notice period (oral term) – damages for termination in lieu of notice.
6 May 1988
Plaintiff entitled to arrears after repossession; deposit held paid and sale proceeds credited, judgment K1,175.82.
Hire-purchase — payment of deposit — disputed cheque evidence and ledger entries — repossession and entitlement to arrears — credit for sale proceeds.
6 May 1988