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High Court of Malawi - 1990 July

5 judgments

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5 judgments

Citation	Judgment date
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

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