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High Court of Malawi - 1990 July

5 judgments
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5 judgments
July 1990
Dr. Gatrad and Gatrad v Sterling International Limited and Sangwa (Civil Cause 216 of 1989) [1990] MWHC 2 (20 July 1990)
A writ is issued when sealed by a court officer; later receipt or signature dates are administrative and irrelevant to limitation.
  • Limitation law — date of issue of writ — sealing by court officer constitutes issue — subsequent receipt issuance and Registrar's signature are administrative formalities; authority: United Transport v Munthali.
20 July 1990
Ndiwo v Manobec (Civil Cause 4 of 1988) [1990] MWHC 30 (18 July 1990)
18 July 1990
Polenakis v Polenakis and Chinthenga (Civil Cause 10 of 1989) [1990] MWHC 1 (18 July 1990)
Applicant entitled to maintenance but limited to K150/month to avoid reducing respondent below subsistence, applicant’s earnings partly considered.
  • Family law — post-dissolution maintenance — consideration of applicant’s earnings obtained after marital breakdown — prohibition on depressing respondent below subsistence — balancing need and respondent’s unavoidable expenses.
18 July 1990
Kamwaza v Tabu (Civil Appeal 16 of 1987) [1990] MWHC 14 (12 July 1990)
The appellant cannot be ordered to maintain an illegitimate child absent proof of paternity.
  • Affiliation/maintenance — burden of proof of paternity; absence from hearing — service and Order 19(3)(2) Subordinate Court Rules; illegitimate child maintenance requires proof of paternity.
12 July 1990
Hann v Spearhead Holdings Limited & 2 Others (Civil Cause 662 of 1985) [1990] MWHC 22 (10 July 1990)
Employer validly terminated under an express notice clause but unlawfully deducted alleged loss from employee's bonus.
  • :[
10 July 1990