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Citation
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Judgment date
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| December 1991 |
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High Court lacks jurisdiction to order interim payments under UK 1969-based Order 29; parliamentary enactment required.
Civil procedure – interim payments – Order 29 rules 11–18 – Rules of the Supreme Court adopted by Courts Act s29 – UK Administration of Justice Act 1969 not applicable in Malawi – inherent jurisdiction insufficient to create statutory remedy.
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21 December 1991 |
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19 December 1991 |
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Plaintiff suffered severe leg injuries; court required age in pleadings, awarded K2,000 for loss of earning capacity, and noted substantial non‑pecuniary loss.
Personal injury — assessment of damages — non‑pecuniary damages (pain and suffering, loss of amenities) — loss of earning capacity — omission of plaintiff’s age in pleadings — use of local comparable awards and multiplier/multiplicand approach.
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2 December 1991 |
| November 1991 |
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Whether a pensionable employee wrongfully retired is entitled to pension damages where termination was on notice and pension benefits were subsequently provided.
Employment law – termination versus retirement – Pension scheme rules – early retirement age – entitlement to gratuity and pension – permanent/pensionable employment not guaranteeing life employment – damages for loss of pension disallowed where employer later procures Scheme benefits.
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29 November 1991 |
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Whether an employer may bind an employee to amended superannuation rules or whether a later non‑pensionable contract abrogates earlier pension rights.
Employment law – Superannuation scheme – Power to amend scheme rules – Members bound by duly amended rules; Contract law – Variation and replacement of contracts – Fixed‑term contract abrogating earlier pensionable contract; Claim for pension shortfall and employer contributions.
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18 November 1991 |
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Whether the defendant’s driver negligently crossed into the plaintiff’s lane, causing the collision and vicarious liability, and appropriate damages.
Road traffic negligence – duty of care to other road users – determination of fault in opposite-direction collisions – evaluation of witness credibility and circumstantial evidence – vicarious liability of employer for driver – strict proof required for special damages – assessment of general damages for permanent disablement.
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14 November 1991 |
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A creditor’s petition proved the company’s inability to pay debts; court ordered winding up and appointed the Administrator General as liquidator.
Companies Act s.213(3) — Creditor’s winding-up petition — inability to pay debts — service and publication of petition — appointment of Administrator General as liquidator and official receiver.
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11 November 1991 |
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Petition proceeds as undefended for respondent's failure to provide security; cross‑petition re third party dismissed with costs.
Civil procedure – security for costs – failure to comply with court/registrar orders – proceeding as if undefended; dismissal of cross‑petition relating to a third party for non‑payment of ordered security; costs ordered against non‑complying party.
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8 November 1991 |
| October 1991 |
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False imprisonment claim failed against defendant; wrongful dismissal found and one month’s notice pay awarded.
Employment law – wrongful dismissal – absence not deliberate; reasonable notice under Employment Act s.10 is one month – false imprisonment – wrong party sued where alleged misconduct concerned separate corporate entity – unproven claims for overtime and leave pay fail for lack of evidence.
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23 October 1991 |
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Plaintiff failed to prove ownership of church; unreliable documents and contradictions led to dismissal with costs.
Property — church ownership — evidential burden of proof; documentary reliability — cheques and altered invoices; licence to occupy — oral licence not proved; even payment by individual does not necessarily confer ownership on individual where building serves church.
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23 October 1991 |
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Whether an employer's short detention of a suspected employee and reporting to police constituted false imprisonment.
Criminal Procedure and Evidence Code ss.33–34—private person’s arrest; false imprisonment—lawfulness depends on reasonable suspicion and prompt handover to police; reporting facts to police v. procuring/charging—civil liability requires that defendant procured or directed police action.
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1 October 1991 |
| September 1991 |
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Res judicata and limitation provisions bar recovery and damage claims; resignation not shown to be dismissal; action dismissed with costs.
Res judicata – prior High Court order on sale of mortgaged house; Limitation Act s.4(a) – six-year bar on actions; resignation under pressure vs dismissal; detention lawfulness; failure to substantiate heads of damage; plaintiff failed to make out case requiring defence to answer.
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12 September 1991 |
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11 September 1991 |
| August 1991 |
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28 August 1991 |
| July 1991 |
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Whether a hire-purchase seller validly sold a repossessed vehicle and whether the purchaser was entitled to surplus proceeds.
Hire-purchase — ownership until full payment; Hire Purchase Act s3 excludes Part I where purchase price exceeds threshold — s19 inapplicable; sale by seller/auction valid where vehicle in seller's possession; burden on purchaser to prove undervalue; no surplus payable where proceeds applied to arrears, repairs, costs and interest.
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26 July 1991 |
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Driver on wrong side caused fatal collision; plaintiff not contributorily negligent; damages awarded K38,953 plus costs.
Motor vehicle collision — negligence — driving on wrong side of road — contributory negligence — sudden emergency doctrine — assessment of special and general damages including repatriation costs and valuation of destroyed vehicle.
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23 July 1991 |
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Court finds transaction was hire-purchase, orders refund, damages, and removal of restrictive endorsement; repossession wrongful.
Hire-purchase v lease-hire — true nature of transaction determined by parol evidence and contemporaneous documents; repossession under Hire Purchase Act s.19(1) — wrongful repossession and detention; overcharge of finance charge — refund; ownership and removal of restrictive endorsement; damages for alternative transport and lost rebate.
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4 July 1991 |
| June 1991 |
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Plaintiff recovered most supply and transport claims; land recovery limited by illegality; defendant’s loan counterclaim succeeded.
Contract/sale of goods – supply of building materials; transport charges; sale of land – disputed price; illegality/ex turpi causa limiting recovery; counterclaims – loan balance upheld, interest inadequately pleaded; evidential sufficiency for expenses and commission.
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12 June 1991 |
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An exclusive English forum-selection clause covers claims arising from contract performance, so the local stay was upheld.
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5 June 1991 |
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A party cannot obtain judgment under Order 27 Rule 3 from ambiguous third‑party letters absent clear admissions by the defendant.
Civil procedure – Order 27, Rule 3 – judgment on admissions – admissions must be clear and made by a party – third‑party statements require proof of authority or ratification – contested factual issues warrant full trial.
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4 June 1991 |
| April 1991 |
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The respondent was justified in using reasonable force to eject the applicant, dismissing the battery claim.
Trespass to the person (battery) — occupier's right to eject trespasser — permissible use of no more force than necessary by security guards — licence to enter revoked by non‑compliance with gate rules.
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19 April 1991 |
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Plaintiff failed to prove breach of building contract; conduct varied the contract and defendant awarded K6,800 on counterclaim.
Contract law – building contract – alleged breach for failure to supply fittings – variation by conduct – burden and standard of proof on balance of probabilities – accounting for payments and cheques – counterclaim for unpaid contract balance succeeds.
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11 April 1991 |
| March 1991 |
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28 March 1991 |
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Administrator General appointed after a private applicant was found biased and unsuitable to administer the estate.
Succession law — letters of administration — suitability and impartiality of administrator — Administrator General competent to administer estates — setting aside prior grant.
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15 March 1991 |
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Court set aside family grant and appointed Administrator General due to applicant's partiality and need for impartial administration.
Probate/Administration — Letters of administration — suitability and impartiality of proposed administrators — caveat and setting aside prior grant — appointment of Administrator General — protection of estate funds.
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15 March 1991 |
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Default judgment set aside where writ's monetary claim was not repeated in the statement of claim and declaration lacked basis.
Civil procedure – Default judgment – where amount indorsed on writ is not repeated in statement of claim it is abandoned; declaratory relief not in writ cannot sustain default judgment; mixed claims and procedural requirements (Order 13 Rule 6; proceed by summons/motion if no defence).
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1 March 1991 |
| February 1991 |
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Default judgment entered before expiry of service period was irregular and was set aside.
Civil procedure — Service of writ — Personal versus postal service — Order 10 rules — Affidavit of service on company — Companies Act s.137 — Notice of intention to defend — Irregular default judgment — Set aside ex debito justitiae.
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19 February 1991 |
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18 February 1991 |
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Whether a settlement note related only to carpentry or discharged broader unpaid building and supplementary contracts.
Contract — Building contract and unpaid price — Whether settlement document extinguished broader claims — Existence and valuation of supplementary contracts (floors, septic tanks, ant-protection) — Interest and costs.
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18 February 1991 |
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Judgment for plaintiff for unpaid loan, goods and repair charges after defendant's non‑cooperation.
Contract/debt recovery – unpaid loan, credit purchases and repair charges; evidence – cheque, invoices, job cards and final demand; procedure – discharge of counsel and proceeding in defendant's absence; costs awarded.
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18 February 1991 |
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5 February 1991 |
| January 1991 |
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A bona fide counterclaim arising from the same subject matter requires unconditional leave to defend; triable issues vitiating a bill of sale were identified.
Civil procedure – Order 14, Rule 5 – Summary judgment on counterclaim – Principles applied mutatis mutandis – Bona fide counterclaim arising from same subject matter warrants unconditional leave to defend – Bill of sale may be vitiated where used to secure sale price or where consideration not truly stated.
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27 January 1991 |
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Summary judgment inappropriate where substantial disputes exist about whether the defendant was the contracting party; unconditional leave to defend granted.
Civil procedure – summary judgment (Order 14) – bona fide defence and substantial disputes of fact or law preclude summary disposal; identity of contracting party; evidentiary proof of foreign company’s existence/non‑existence.
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18 January 1991 |
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Both drivers negligent; defendant mainly liable (75%); special damages unproven; plaintiff awarded K5,000 and costs.
Road traffic negligence – duty to keep to the left – contributory negligence and apportionment (75% defendant, 25% plaintiff) – proof of special damages – assessment of general damages for comminuted femoral fracture with leg shortening.
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16 January 1991 |
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Court allowed substitution of newly incorporated company for firm sued, finding a genuine mistake and permitting amendment with costs.
Civil procedure – amendment/substitution of party – Order 20 Rule 5(3) – genuine mistake – corporate conversion of a firm to a company – avoidance of multiplicity of actions.
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14 January 1991 |
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Whether the applicant should obtain an interlocutory injunction to restrain the respondent's use of a similar trade mark.
Trade marks – infringement – use of similar name "Freezits"; Interlocutory injunction – good arguable claim/serious question to be tried; Court should not decide merits on affidavits; Balance of convenience – risk of irreparable harm; Undertaking as to damages.
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14 January 1991 |
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Seizure and sale of an incorporated borrower’s equipment was unlawful; trespass and conversion established.
Company law – pre‑incorporation arrangements and novation; Contract – binding effect of loan agreement post‑incorporation; Bills of Sale Act s.23 – inapplicability to incorporated bodies’ assets; Tort – trespass ab initio and conversion; Measure of damages for conversion and trespass.
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11 January 1991 |