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High Court of Malawi - 1991 June

3 judgments
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3 judgments
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