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High Court of Malawi - 1993 January

3 judgments
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3 judgments
January 1993
Kawonga v Katalama (Civil Cause 412 of 1988) [1993] MWHC 48 (20 January 1993)
Plaintiff failed to take reasonable care crossing the road; driver not negligent and claim dismissed with costs.
  • Road traffic — negligence; duty of care of driver and pedestrian; credibility of witnesses; zebra crossing and signage; collision on carriageway; claim dismissed.
20 January 1993
Chitungu v Chiutsi (Civil Cause 601 of 1992) [1993] MWHC 16 (19 January 1993)
Seizure of plaintiffs' goods by employer's agents to recoup an employee's shortage amounted to conversion; trespass claim failed for lack of possession.
  • Conversion — seizure of chattels by employer/agent to recoup employee’s shortage constitutes conversion; Trespass to goods — requires actual possession; voluntary surrender by employee or asserted lien not a defence to conversion; damages for loss of use and value assessment by Registrar.
19 January 1993
Jakalasi & 2 Others v Adam (Civil Cause 1318 of 1992) [1993] MWHC 42 (15 January 1993)
Application to dissolve interlocutory injunction dismissed; injunction continued due to plaintiff’s lease evidence and defendant’s contempt.
  • Civil procedure — interlocutory injunction — discharge application under O.29 r.17; Clean hands doctrine; Balance of convenience; Contempt for breach of injunction; Documentary lease evidence.
15 January 1993