High Court of Malawi - 1992 July

6 judgments
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Results. 6 judgments found.

6 judgments
July 1992
Unreasonable delay in paying the balance barred specific performance of a land sale; contract existed but was repudiated.
  • Contract law — formation and acceptance — waiver of time limit; Statute of Frauds — written memorandum for sale of land; breach and unreasonable delay in payment of purchase price; time made of the essence by notice; equitable relief — specific performance refused where claimant did not come to equity with clean hands; restitution of monies paid under abortive contract.
22 July 1992
An admission of negligence alone cannot support interlocutory judgment absent an admission of injury; amendment to defence allowed.
  • Civil procedure — Amendment of defence — Admission of negligence — Admission of injury required to establish liability for interlocutory judgment — Prior application dismissed for want of prosecution.
15 July 1992
The High Court upheld the accused's theft-by-servant conviction, deferring to the magistrate's credibility findings and confirming the sentence.
  • Criminal law — Theft by servant; factual findings and credibility assessments — appellate deference to magistrate's advantage of seeing and hearing witnesses — confirmation of conviction and sentence.
10 July 1992
1 July 1992
Employer liable for three days' false imprisonment; dismissal justified but not retrospective, awarding salary and damages.
  • Employment law — wrongful dismissal — retrospective dismissal not permitted; False imprisonment — employer’s agent laying charge and delivering employees to police creates employer liability for unlawful deprivation of liberty; Remedies — damages for loss of liberty and for salary/benefits for period of wrongful dismissal.
1 July 1992
Legal Aid Department held liable for professional negligence and breach of contract after failing to pursue a timely personal injury claim.
  • Legal Aid Act s.7(2) — solicitor–client relationship; professional negligence by public legal aid provider; breach of contract; limitation/statute-barred claims; damages where special losses not strictly proved.
1 July 1992