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Citation
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Judgment date
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| December 1990 |
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Employer validly effected early retirements under pension rules; plaintiffs' negligence and deprivation claims dismissed.
Employment law — Pension scheme construction — Early retirement (5 years/age 45) subject to employer's consent — Validity of signed retirement documents — Credibility findings — No negligence; claim dismissed.
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31 December 1990 |
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27 December 1990 |
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The applicant's obstructed vision caused the collision; no proof of the respondent's negligence, claim dismissed with costs.
Road traffic — Duty of care of drivers and pedestrians — Burden of proof in negligence claims — Pedestrian obstructed vision running into vehicle — Insufficient evidence of driver negligence; claim dismissed.
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24 December 1990 |
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Reporting a theft and fetching police does not alone make the respondent liable for the applicant's false imprisonment.
False imprisonment – employer’s reporting of theft to police – whether reporting and providing transport to police amounts to laying a charge or procuring arrest – evidentiary burden to prove employer caused arrest.
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24 December 1990 |
| November 1990 |
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23 November 1990 |
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Employer justified in summary dismissal for misconduct; no liability for false imprisonment or defamation.
Employment law – summary dismissal for misconduct – duty to reconcile cash sale receipts; Civil standard of proof – balance of probabilities; False imprisonment – liability where employer orders arrest versus merely reporting facts to police; Defamation – requirement to prove publication and factual basis.
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6 November 1990 |
| October 1990 |
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31 October 1990 |
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False imprisonment claim dismissed: defendants conveyed suspicions; police acted on their own judgment; accountant acted in course of employment.
False imprisonment – restraint by employer – distinction between directing or procuring an arrest and merely conveying suspicion to police – employer/employee acts in course of employment – assessment of credibility and contemporaneous police correspondence.
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26 October 1990 |
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Acknowledgment of service constitutes appearance and, if lodged within twelve months, makes writ renewal unnecessary; renewal application dismissed.
Civil procedure – Writ renewal – Acknowledgment of service – Order 12 Rules 3(1), 3(2), 4, 6(2), and 10 – Effect of acknowledgment as appearance – Belated acknowledgment permitted – Renewal unnecessary if writ served within 12 months – Procedure under Order 3, Rule 6.
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18 October 1990 |
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Civil false-imprisonment claim stayed pending related criminal trial to avoid inconsistent findings.
Civil procedure – Stay of proceedings – Concurrent criminal proceedings – False imprisonment – Risk of inconsistent findings – Balance of justice.
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15 October 1990 |
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Whether the respondent could assume control of the applicant company; injunction continued, undertaking as to damages ordered.
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15 October 1990 |
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Persistent drunkenness and violence by the respondent amounted to legal cruelty, warranting a decree nisi and custody to the petitioner.
Family law — Divorce — Cruelty — Persistent drunkenness and violent conduct constituting legal cruelty; decree nisi granted; custody to petitioner; costs awarded.
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3 October 1990 |
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Statutory power to appoint guardians under s.11(a)(i) must be exercised by the High Court in open court, not by a Registrar.
Guardianship jurisdiction – s.11(a)(i) Courts Act – "High Court" means court in banc – Registrar/Master lacks statutory jurisdiction absent Rule of Court – Judge in chambers cannot exercise statutory open-court power – Order 32 (rules 11, 12) and Order 2 cannot circumvent statute.
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3 October 1990 |
| September 1990 |
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27 September 1990 |
| July 1990 |
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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.
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20 July 1990 |
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18 July 1990 |
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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.
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18 July 1990 |
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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.
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12 July 1990 |
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Employer validly terminated under an express notice clause but unlawfully deducted alleged loss from employee's bonus.
:[
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10 July 1990 |
| June 1990 |
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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.
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29 June 1990 |
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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.
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29 June 1990 |
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28 June 1990 |
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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.
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27 June 1990 |
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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).
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15 June 1990 |
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15 June 1990 |
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1 June 1990 |
| May 1990 |
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Company wound up under s213 after failing to satisfy undisputed judgment debts and not opposing the petition.
Companies Act s213 – Winding-up petition – Inability to pay debts established by judgment debt – Execution returned unexecuted – Supporting creditor – Court’s discretion to wind up – Costs taxed and paid from company assets.
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21 May 1990 |
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18 May 1990 |
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18 May 1990 |
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Mortgagee validly exercised power of sale; sale extinguished redemption right, respondent must render account and pay any surplus with interest.
Mortgage law – equity of redemption extinguished by valid exercise of power of sale; Conveyancing Acts applicable; statutory pre‑sale notice under Land Act creates penalty but does not void sale; auction irregularities give remedy in damages only; mortgagee a trustee of surplus proceeds – duty to render account and stop interest running after sale.
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11 May 1990 |
| April 1990 |
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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.
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30 April 1990 |
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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.).
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6 April 1990 |
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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.
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6 April 1990 |
| March 1990 |
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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.
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16 March 1990 |
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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.
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8 March 1990 |
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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).
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8 March 1990 |
| February 1990 |
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A hirer of a crane (including supplied slings and operator) is liable where unfit slings and negligent operation cause damage.
Contract of hire – hiring of crane, operator and slings – duty to supply equipment fit for specified task – vicarious liability for operator’s negligence – failure of lifting slings – negligent continuation despite mechanical defects.
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15 February 1990 |