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High Court of Malawi - 1990 April

3 judgments
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3 judgments
April 1990
Sonkhanani v Chayekha (Civil Cause 409 of 1987) [1990] MWHC 19 (30 April 1990)
Claims for inducing breach, trespass and conversion dismissed where plaintiff lacked possession and defendant acted on owner's instruction.
  • Tort — inducement/procurement of breach — knowledge and causal link required; Trespass — action concerns possession not title; Conversion — requires intention to appropriate or assert dominion; removal on owner's instruction may be abatement of nuisance.
30 April 1990
Mwalwanda v Sipedi (Civil Cause 140 of 1989) [1990] MWHC 8 (6 April 1990)
Loan fell within Loans Recovery Act; court reduced oppressive interest to 19% per annum on the K200 principal.
  • Loans Recovery Act — applicability to private money‑lending transactions — excessive/unconscionable interest — reopening transactions and taking account — credibility of parties — remedial reduction to bank rate (19% p.a.).
6 April 1990
Saulosi & Paketi v Bata Shoe Company (Mw) Limited (568 and 569 of 1987) [1990] MWHC 17 (6 April 1990)
Whether reporting suspected theft to police makes the respondent liable for the applicants' false imprisonment.
  • False imprisonment; employer liability; distinction between informing police and making a charge; credibility findings; police acting on own judgment.
6 April 1990