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High Court of Malawi - 1991 July

3 judgments
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3 judgments
July 1991
Khanundu v Central African Transport Company Limited (Civil Cause 59 of 1987) [1991] MWHC 11 (26 July 1991)
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.
26 July 1991
Jussab v Mussa (Civil Cause 103 of 1988) [1991] MWHC 30 (23 July 1991)
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.
23 July 1991
Wiyule Brothers v Stansfield Motors Ltd (Civil Cause 710 of 1987) [1991] MWHC 14 (4 July 1991)
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.
4 July 1991