Skip to document content Skip to main menu Skip to search

High Court of Malawi - 1992 March

5 judgments
Advanced search
Skip past Court registries
Skip past years
Skip past months
Filters
Skip to results
5 judgments
March 1992
Ntaba( on her own behalf and suing on behalf of 4 infants as next of friend) v Trustees of the Commercial Bank of Malawi Pension Fund and Personal representatives of the estate of George Justice Maurice Ntaba(deceased) (Civil Cause 52 of 1992) [1992] MWHC 24 (31 March 1992)
Pension trust funds vested in trustees were wrongly paid to executors and must be repaid with interest; Administrator General held liable for delay.
  • Pension/trust funds — Vesting in trustees — Whether trust funds form part of deceased estate — Erroneous payment to executors — Administrator General’s retention — Repayment with interest — Trustees’ duties and breach of trust.
31 March 1992
Khamisa v Mia (Civil Cause 1033 of 1990) [1992] MWHC 30 (27 March 1992)
Permission from the registered user (agent) defeats conversion claim absent proof of negligent driving.
  • Motor vehicle damage — Proprietary/possessory interest to sue despite registration in another’s name — Permission by registered user’s agent defeats conversion/trespass claim — No liability where no evidence of negligent or blameworthy driving — Insufficient proof of quantum of repair damages.
27 March 1992
Kuwali v Msuku and 2 others (Civil Appeal 3 of 1989) [1992] MWHC 50 (27 March 1992)
27 March 1992
Kuwali v Msuku, Nyausisya and Msuku (Civil Appeal 3 of 1989) [1992] MWHC 8 (27 March 1992)
Failure to produce the alleged defamatory letter and to plead publication defeated the appellant’s defamation claim.
  • Defamation — pleading requirements for libel — statement of claim must set out words complained of or whole letter; publication must be pleaded — court’s limited duty to assist unrepresented litigants — failure to produce crucial evidence fatal to action.
27 March 1992
Bowsprit Trading (PTY) Limited v Namalunga Enterprises LTD (Civil Cause 895 of 1990) [1992] MWHC 32 (12 March 1992)
Summary judgment refused where defendant raised triable issue that payment was conditional on a bill of exchange.
  • Procedure — Summary judgment (Order 14) — Appropriate only where no real defence or triable issue — International sale of goods — Payment terms; bill of exchange as condition — Pleadings and affidavits must show absence of triable issue.
12 March 1992