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High Court of Malawi - 1993 September

2 judgments
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2 judgments
September 1993
Banda v Ethanol Company Limited (Civil Cause 688 of 1988) [1993] MWHC 49 (17 September 1993)
Employer held liable for false imprisonment, malicious prosecution and defamation; counterclaim mostly dismissed for lack of primary evidence.
  • Employment law — False imprisonment and malicious prosecution — Employer's active role in reporting to police can give rise to liability; defamation — calling employee a thief actionable per se; evidence — secondary/photocopy ledger insufficient to prove debt.
17 September 1993
R v Msosa (Confirmation Case 642 of 1994) [1993] MWHC 22 (14 September 1993)
Conviction for theft by public servant quashed where prosecution evidence was inconsistent and failed to disprove accused's explanation.
  • Criminal law — Theft by public servant — Section 283(1) presumption — burden and standard of proof — sufficiency of prosecution evidence — hearsay and missing witnesses — reasonable doubt — quashing conviction.
14 September 1993