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High Court of Malawi - 1995

6 judgments
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6 judgments
December 1995
R v Mlauzi (1200 of 1995) [1995] MWHC 1 (31 December 1995)
Conviction quashed where trial court relied on uncorroborated co-accused testimony and prosecution failed to call a material witness.
  • Criminal law — Theft — Conviction based on uncorroborated evidence of co-accused — Necessity of warning — Failure to call material and available witness — Conviction unsafe and quashed
31 December 1995
Masiku v Admarc and 1 other (Civil Cause 714 of 1993) [1995] MWHC 3 (5 December 1995)
Whether prolonged detentions and threats tolled limitation; extorted payment recoverable and pension entitlements must be recalculated.
  • Limitation Act — extension by reason of fraud/concealment — scope of section 25; undue influence vs concealment; false imprisonment — prolonged arbitrary detention, neglect of medical needs; duress and money had and received; pension entitlement recalculation.
5 December 1995
July 1995
Sedom v Chinthuli and 1 other (Civil Cause 574 of 1988) [1995] MWHC 6 (20 July 1995)
20 July 1995
February 1995
Nyirenda and Mwambetamia t/a Karonga Manufacturers v Development of Malawi Traders Trust and Another (Civil Cause 439 of 1988) [1995] MWHC 4 (20 February 1995)
Employer held vicariously liable for employee's misappropriation of funds received in course of employment.
  • Vicarious liability; ostensible authority; employee misappropriation of funds; receipt of monies in course of employment; employer liable for employee's fraudulent acts.
20 February 1995
National Bank of Malawi v Sumuka Enterprises Limited and 1 other (Civil Cause 560 of 1988) [1995] MWHC 5 (13 February 1995)
13 February 1995
January 1995
Durand and Bowden (PTY) Ltd v Loga (Civil Cause 931 of 1989) [1995] MWHC 2 (6 January 1995)
Stay pending appeal refused; execution ordered but recovered funds to be retained in jurisdiction pending appeal.
  • Civil procedure — stay of execution pending appeal (Order 59 r.13) — discretion to prevent appeal being nugatory — newly discovered evidence on appeal — foreign-based judgment creditor — retention of recovered funds within jurisdiction as alternative to stay.
6 January 1995