Results.
5 judgments found.
|
|
|
| May 1993 |
|
|
Failure to obtain statutory ministerial consent for a non-lowest tender renders the contract void and bars recovery by an innocent contractor.
-
'Local Government (Urban Areas) Act' s.76(4) — mandatory ministerial consent before accepting non-lowest tender; Illegality of contract — void ab initio; Illegal contract bars remedies; Ignorance of statutory requirement not a defence; Costs to successful defendant.
|
27 May 1993 |
|
A radio-broadcast slander at a political rally was actionable; court awarded K300,000 and addressed exemplary damages.
-
Defamation—slander actionable per se; wide publication (radio/newspaper); assessment of damages taking into account reputation, absence of apology and political motive; exemplary/punitive damages—scope in Malawi and relation to Rookes v. Barnard
|
26 May 1993 |
|
Court dismissed plaintiff's application to continue unlawful use of residential plot pending relocation, for lack of interest and statutory non-compliance.
-
Town and Country Planning Act — zoning restrictions — use of residentially zoned land for commercial activities — declaratory relief — locus standi — temporary conditional permission — requirement to exhaust statutory appeal procedures — equitable clean hands.
|
25 May 1993 |
|
Long unlawful detention by state actors justified a large compensatory award with an exemplary element; trespass award modest.
-
Civil damages — false imprisonment — prolonged unlawful detention — aggravated and exemplary damages — quantum assessed at large; application and scope of Rookes v. Barnard in Malawi; trespass to land and goods; state liability for oppressive action
|
19 May 1993 |
|
Summary judgment refused where disputed authenticity of minutes, directors' remuneration authority and alleged tax-evasion entries required a full trial.
-
Civil procedure — Summary judgment (Order 14 r.3(1)) — refusal where serious disputes of fact or intent exist; Company law — directors' remuneration and corporate approvals; Evidence — authenticity of minutes and accounting entries; Allegations of tax-avoidance entries; Counterclaim as defence.
|
18 May 1993 |