High Court of Malawi - 1990 October

7 judgments
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Results. 7 judgments found.

7 judgments
October 1990
31 October 1990
False imprisonment claim dismissed: defendants conveyed suspicions; police acted on their own judgment; accountant acted in course of employment.
  • False imprisonment — restraint by employer — distinction between directing or procuring an arrest and merely conveying suspicion to police — employer/employee acts in course of employment — assessment of credibility and contemporaneous police correspondence.
26 October 1990
Acknowledgment of service constitutes appearance and, if lodged within twelve months, makes writ renewal unnecessary; renewal application dismissed.
  • Civil procedure — Writ renewal — Acknowledgment of service — Order 12 Rules 3(1), 3(2), 4, 6(2), and 10 — Effect of acknowledgment as appearance — Belated acknowledgment permitted — Renewal unnecessary if writ served within 12 months — Procedure under Order 3, Rule 6.
18 October 1990
Civil false-imprisonment claim stayed pending related criminal trial to avoid inconsistent findings.
  • Civil procedure — Stay of proceedings — Concurrent criminal proceedings — False imprisonment — Risk of inconsistent findings — Balance of justice.
15 October 1990
Whether the respondent could assume control of the applicant company; injunction continued, undertaking as to damages ordered.
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15 October 1990
Persistent drunkenness and violence by the respondent amounted to legal cruelty, warranting a decree nisi and custody to the petitioner.
  • Family law — Divorce — Cruelty — Persistent drunkenness and violent conduct constituting legal cruelty; decree nisi granted; custody to petitioner; costs awarded.
3 October 1990
Statutory power to appoint guardians under s.11(a)(i) must be exercised by the High Court in open court, not by a Registrar.
  • Guardianship jurisdiction — s.11(a)(i) Courts Act — "High Court" means court in banc — Registrar/Master lacks statutory jurisdiction absent Rule of Court — Judge in chambers cannot exercise statutory open-court power — Order 32 (rules 11, 12) and Order 2 cannot circumvent statute.
3 October 1990