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High Court of Malawi - 1993 April

4 judgments
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4 judgments
April 1993
Maimba v Mangochi Diocese of Roman Catholic Church (Civil Cause 5 of 1992) [1993] MWHC 19 (20 April 1993)
Damages for vehicle repair, hire and tow awarded but reduced for lack of supporting evidence; insurer payment deducted.
  • Motor vehicle collision — assessment of damages — burden on plaintiff to prove pre-accident condition and reasonableness of repairs — insufficiency of unsigned estimate and absence of police report — mitigation of hire costs — deduction of insurer’s prior payment.
20 April 1993
Leyland DAF (MW) Ltd v Lambat (Civil Cause 790 of 1992) [1993] MWHC 15 (13 April 1993)
Whether the respondent raised triable issues to resist summary judgment, notably a disputed invoice for alleged poor workmanship.
  • Civil procedure — Order 14 summary judgment; triable issue requirement; set‑off and payment offers; disputed quotation arithmetic; allegation of poor workmanship on repair invoice; conditional leave to defend subject to payment into court; directions for discovery and inspection.
13 April 1993
Mleme and 2 Others v Mleme and 2 Others (Civil Cause 218 of 1992) [1993] MWHC 4 (8 April 1993)
Administrators must account and fairly distribute intestate estate; pension death benefits paid to nominated beneficiaries are not estate assets.
  • Intestate succession — administrators’ duty to account and promptly distribute — pension/death benefits designated to nominees not part of intestate estate — fair distribution under Wills and Inheritance Act — prior payments treated as advances.
8 April 1993
Fachi v Stella Maris Secondary School and Commercial Union Assurance Company Ltd (Civil Cause 1481 of 1992) [1993] MWHC 17 (5 April 1993)
Whether an insurer can be struck off when passenger cover is non-compulsory depends on the insurance policy’s terms.
  • Road Traffic Act — compulsory third-party insurance — passenger cover — non-compulsory vs prohibited cover; Contractual terms of policy determinative; Strike-out application requires production of policy; Direct action against insurer under statutory provision.
5 April 1993