High Court of Malawi - 1991 April

2 judgments

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2 judgments
Citation
Judgment date
April 1991
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.
19 April 1991
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.
11 April 1991