High Court of Malawi - 1990 June

7 judgments
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Results. 7 judgments found.

7 judgments
June 1990
The applicant was granted a decree nisi for divorce on grounds of cruelty; respondent ordered to pay costs.
  • Family law — Divorce — Cruelty as ground for dissolution — Repeated physical assaults and threats amounting to legal cruelty; Undefended petitions — court must guard against collusion but may accept uncontradicted evidence; Jurisdiction — domicile; Costs — respondent ordered to pay; Custody — adjourned to Chambers.
29 June 1990
Court refused to continue an interlocutory injunction against sale of charged land, finding damages an adequate remedy and balance of convenience favoured defendant.
  • Interlocutory injunction — American Cyanamid principles — balance of convenience — adequacy of damages — Registered Land Act (s68, s71) — Local Land Boards Act consent for charges — default and sale of charged registered land.
29 June 1990
28 June 1990
Summary dismissal upheld on civil evidence; false imprisonment succeeded against employer's agents, award K7,500.
  • Employment law — summary dismissal for breach of trust; Civil standard (balance of probabilities) vs criminal standard; False imprisonment — liability of private persons who instigate arrest; Private arrest requires that a felony in fact occurred; Malicious prosecution — requires prosecution instigated without reasonable grounds; Contractual pension claims require proof of scheme terms.
27 June 1990
Court found agreed price K12.50 per bag and dismissed plaintiff's claims for unpaid cash portion and consequential losses.
  • Contract for sale of goods — disputed price — contemporaneous handwritten memorandum and invoices determine agreed rate; failure to produce debit note/payment-split document undermines later claim; consequential loss too remote — foreseeability (Hadley v Baxendale; Koufos).
15 June 1990
15 June 1990
1 June 1990