High Court of Malawi - 1991 June

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3 judgments

Citation	Judgment date
June 1991
Freitas v Rocha (Civil Cause 653 of 1991) [1991] MWHC 6 (12 June 1991) 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.	12 June 1991
Landell Mills Associates Limited v Marshall (Civil Cause 236 of 1990) [1991] MWHC 20 (5 June 1991) An exclusive English forum-selection clause covers claims arising from contract performance, so the local stay was upheld. :[	5 June 1991
Siyani t/a Namatunu Estates v Sabot Hauliers Private Limited (Civil Cause 62 of 1990) [1991] MWHC 19 (4 June 1991) 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.	4 June 1991