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Citation
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Judgment date
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| December 1989 |
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The applicant was admitted to practise under ss.9 and 11A after no objections from the Attorney General or Law Society; admission conditional.
Admission to legal profession – Legal Education and Legal Practitioners Act ss.9 & 11A – Qualifications and character – No objection from Attorney General or Law Society – Admission granted subject to conditions.
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18 December 1989 |
| November 1989 |
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The applicant's summary dismissal upheld; false imprisonment and malicious prosecution dismissed; only leave pay and sale surplus awarded.
Employment law – summary dismissal – misconduct consisting of deliberate failure to detect/report fraud – civil standard of proof; False imprisonment – employer liability depends on whether a charge was laid or police acted independently; Malicious prosecution – reasonable and probable cause and absence of malice; Repossession/Conversion – enforcement under loan agreement and entitlement to resale surplus; Remedies – leave pay awarded; costs against plaintiff.
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30 November 1989 |
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Redundancy lawful where contractual notice paid; statutory severance not payable and employer pension contributions nonrefundable.
Employment law – redundancy/retrenchment – implied terms and retirement age; notice and pay in lieu; statutory severance pay threshold; pension fund rules on refund of employer contributions.
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30 November 1989 |
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14 November 1989 |
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Interlocutory injunction granted to protect a lessee's asserted leasehold interest where construction risked irreparable harm.
Interlocutory injunction — American Cyanamid principles — protection of asserted leasehold interest based on accepted offer and payment — irreparable harm — adequacy of damages.
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1 November 1989 |
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Interlocutory injunction granted to preserve plaintiffs' asserted lease and development rights pending trial due to serious question and irreparable harm.
Interlocutory injunction — American Cyanamid principles — good arguable case — irreparable harm — adequacy of damages — locus to land interest — balance of convenience — costs in the cause.
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1 November 1989 |
| September 1989 |
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Adoption order set aside where customary marriage was invalid and adoptive applicants were not resident in Malawi.
Adoption law – validity of adoption where applicants not resident in jurisdiction; customary marriage requirements – proposal and lobola; status of father of illegitimate child under Adoption Act; service of petition and procedural compliance.
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7 September 1989 |
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A sponsored player not party to the policy cannot claim 100% disablement when still able to pursue other employment; employer not trustee.
Insurance law – construction of "total and permanent disablement" – "any employment or occupation" means inability to follow any work; non-party to policy cannot compel insurer; no trusteeship/fiduciary duty arising from sponsorship; insurer’s medical assessment and policy wording decisive.
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6 September 1989 |
| August 1989 |
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Buyer entitled to recover payments and mitigation costs where specially supplied system failed to work and consideration totally failed.
Sale of goods – contract for specially manufactured goods – implied condition as to fitness for particular purpose – total failure of consideration – recovery of payment and mitigation damages – interest at commercial rate.
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30 August 1989 |
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Plaintiff entitled to refund and damages where supplied bespoke music system failed, invoking implied fitness-for-purpose under Sale of Goods.
Sale of Goods — contract for manufacture — distinction from contract for work and labour; implied condition of fitness for particular purpose; failure of consideration; mitigation of damages; restitution and commercial interest.
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30 August 1989 |
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Court refused to vacate ex parte injunction preserving estate assets amid triable disputes over administration and ownership.
Probate/administration — interlocutory ex parte injunction — American Cyanamid test — uberrima fides — triable issues: validity of marriage/divorce, entitlement to letters of administration, ownership of estate assets — balance of convenience — refusal to vacate injunction.
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9 August 1989 |
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Court refused to vacate ex parte interlocutory injunction preserving estate assets where serious issues and real risk of dissipation existed.
Civil procedure – Interlocutory/ex parte injunction – preservation of status quo – American Cyanamid principles – uberrima fides and disclosure – administration of estate – letters of administration – balance of convenience.
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5 August 1989 |
| July 1989 |
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Conversion of purchased cylinders established; defamation unproven; plaintiff awarded value, costs, and additional compensation.
Property law – Conversion – Ownership by payment and possession; evidential assessment and demeanour – Damages for conversion: value of goods plus proved special loss; requirement of strict proof for special damages – Defamation claim dismissed for lack of evidence.
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20 July 1989 |
| June 1989 |
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Interim injunction discharged where tenant breached lease and balance of convenience favoured the landlord despite advance rent.
Civil procedure – interlocutory injunction – discharge – balance of convenience; Tenancy law – landlord's right to determine lease for tenant's breaches; Contract interpretation – ambiguity in termination clause; Advance rent does not bar termination for breach.
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21 June 1989 |
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Divorce granted to the applicant for desertion; court held jurisdiction via respondent's domicile and awarded custody to the applicant.
Divorce — Desertion established where spouse left country, ceased communication and support for over five years; jurisdiction upheld via domicile of choice and s.2(a) of the Divorce Act; undefended petition scrutinised for collusion; custody awarded to applicant.
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19 June 1989 |
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Petitioner with requisite legal degrees and extensive civil service in intellectual property admitted to the Bar unconditionally.
Admission to Bar – Legal Education and Legal Practitioners Act s.11(1)(a),(b) – Unconditional admission based on academic qualifications and substantial civil service experience – Law Society and Attorney General no objection – Intellectual property expertise.
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13 June 1989 |
| May 1989 |
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Whether a sponsored trainee was entitled to local salary while abroad and whether the employer could accelerate and recover a car-loan balance.
Employment law – sponsored overseas training – entitlement to salary while on study abroad; Contract adoption – applicability of government circulars to statutory or corporate employers; Evidence – pension contributions not conclusive proof of salary; Contract law – acceleration clauses and remedies for breach of loan agreements; Set-off and counterclaim for outstanding loan balance.
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17 May 1989 |
| February 1989 |
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14 February 1989 |
| January 1989 |
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An admission of negligence without admission of damage does not permit judgment on admissions; damage must be proved or admitted.
Negligence – admission of liability; Damage as essential element of negligence; Judgment on admissions (Order 27 r.3); Registrar's discretion; Authorities: Munday v LCC; Blundell v Rimmer; Rankine v Garton Sons.
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17 January 1989 |