High Court of Malawi - 1990 March

3 judgments

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3 judgments
Citation
Judgment date
March 1990
Whether withholding payment for allegedly missing tools was lawful and whether related libel/slander claims were properly pleaded and proved.
Contract/payment — wrongful withholding of payment alleged as set-off for missing tools; Defamation — slander and libel; pleading requirement to identify persons published to; qualified privilege for business communications; Counterclaim for conversion/replacement of tools; Costs — costs follow event but court may deprive successful party for misconduct.
16 March 1990
A single act of gross violence combined with non‑maintenance constituted legal cruelty warranting a decree nisi.
Family law – Divorce – Cruelty – Legal cruelty defined as conduct endangering life, limb or health – Single act of gross physical violence may justify divorce – Failure to maintain as cruelty – Decree nisi granted.
8 March 1990
Whether the respondent lawfully disconnected the applicant's water and is liable for negligence and trespass.
Water services — statutory power to disconnect (Blantyre Water Works Act s18) — wrongful disconnection — negligence in billing/investigation — trespass on premises — strict proof required for special damages (lost rent).
8 March 1990