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High Court of Malawi - 1992 October

4 judgments
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4 judgments
October 1992
Marcombo v Malawi Railways Limited (Civil Cause 337 of 1990) [1992] MWHC 43 (16 October 1992)
Employer liable for false imprisonment and trespass; employee entitled to salary to suspension but summary dismissal justified on balance of probabilities.
  • Employment law — suspension and pay — Clause 19 interpreted as applying to Police arrest only; dismissal — summary dismissal justified on balance of probabilities; Tort — false imprisonment where employer's servants make charge leading to detention; Trespass — unauthorised removal of property; Damages awarded.
16 October 1992
Katengeza v Chikuse (Civil Cause 739 of 1992) [1992] MWHC 22 (15 October 1992)
Default judgment set aside where service was irregular due to a misaddressed envelope opened only after judgment.
  • Civil procedure — Service by post — Misaddressed envelope — Default judgment — Whether service was valid — Setting aside irregular judgment — No inference of prior opening from mere retention of envelope.
15 October 1992
Njoloma v Kalonda (Civil Cause 610 of 1989) [1992] MWHC 1 (15 October 1992)
Valid sale conveyed title; respondent failed to prove constructive trust, adverse title or seller's insanity.
  • Land law — sale and conveyance — constructive/resulting trust — occupation and tenancy at will — adverse possession/prescription — capacity to contract (insanity) — mesne profits.
15 October 1992
Abeles v Viola (Civil Cause 1226 of 1990) [1992] MWHC 35 (1 October 1992)
Whether the respondent admitted liability for interest and whether a binding agreement on interest was formed.
  • Contract formation — offer and acceptance — conduct as acceptance — admission to indebtedness — retraction of offer — standard of proof for admissions — costs awarded up to stage of payment.
1 October 1992