Results.
5 judgments found.
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| June 1992 |
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Whether High Court costs are appropriate where award fell below subordinate jurisdiction but assessment was by High Court and defendant did not seek transfer.
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Civil procedure — costs scale — interpretation of "amount in dispute" under Courts Act ss.31 and 39 — discretion under s.31(2) — effect of consent to High Court assessment and failure to seek transfer — High Court costs awarded where award uncertain and defendant acquiesced.
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30 June 1992 |
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26 June 1992 |
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Court refused stay pending appeal, finding the respondent’s assets sufficient to secure repayment and rejecting speculative risks.
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Civil procedure — Stay of execution pending appeal — evidentiary burden to show risk of judgment becoming nugatory — sufficiency of assets — alternative of payment into court — balancing respondent’s right to enforcement and appellant’s right to appeal.
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25 June 1992 |
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Whether the defendant lawfully dismissed the plaintiff for theft and whether suspension without pay entitled the plaintiff to back pay.
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Employment law — wrongful dismissal and summary dismissal under Malawi Public Service Regulations (Book Three); proof by confession and witness identification; verbal suspension; entitlement to pay during unlawful suspension; remedy and costs.
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19 June 1992 |
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Following bus driver's negligence caused rear-end collision; plaintiff recovered proved repair costs but not loss of profit or general damages.
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Negligence — motor vehicle collision — duty of care: lookout, speed and stopping — rear-end collision by following bus — evidential burden on balance of probabilities; damages — special damages require documentary proof; loss of profit and general damages require adequate, corroborated evidence; counterclaim dismissed.
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16 June 1992 |