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High Court of Malawi - 1992 August

3 judgments
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3 judgments
August 1992
R v Shabani (Confirmation Case 273 of 1991) [1992] MWHC 16 (31 August 1992)
The accused's conviction was quashed because the charge invoked the wrong statute and a non‑cognate offence cannot be substituted.
  • Criminal law — Incorrect statutory charge — Importation of used clothing — Control of Goods (Import and Export)(Commerce) Order — Substitution of uncharged offence under s.150 Criminal Procedure and Evidence Code — requirement of being minor and cognate.
31 August 1992
Chiralire v Khumaways Agencies Limited (Civil Cause 1013 of 1990) [1992] MWHC 51 (12 August 1992)
12 August 1992
National Bank of Malawi v Chimwanza (Civil Cause 346 of 1991) [1992] MWHC 14 (12 August 1992)
Whether a mortgagee may realize a judgment debt by sale (not foreclosure) and how post-judgment interest and offsets are calculated.
  • Mortgage law — default judgment crystallizes debt — judgment interest rate controls post-judgment accrual — treatment of mortgagor’s fixed deposit and right to offset — foreclosure vs. sale to realize judgment debt — possession to enable sale.
12 August 1992