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High Court of Malawi - 1989 August

4 judgments
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4 judgments
August 1989
Chenda Mkandawire Enterprises v Everglo Electric Company (Civil Cause 97 of 1988) [1989] MWHC 18 (30 August 1989)
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.
30 August 1989
Chenda Mkandawire Enterprises v Everglo Electric Company Ltd (Civil Cause 97 of 1988) [1989] MWHC 2 (30 August 1989)
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.
30 August 1989
Somanje v Somanje and 2 Others (Civil Cause 379 of 1989) [1989] MWHC 15 (9 August 1989)
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.
9 August 1989
Somanje( Suing on her behalf and on behalf of and as representing all the children and beneficiaries of the estate of Sydney Benson Somanje (deceased)) v Somanje, Chilawa and Stumbles t/a Sacranie, Gow and Company (Civil Cause 379 of 1989) [1989] MWHC 13 (5 August 1989)
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.
5 August 1989