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High Court of Malawi - 2002 December

4 judgments
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4 judgments
December 2002
Kupingana & Anor. v Kanzamira (Civil Cause 450 of 1998) [2002] MWHC 1 (31 December 2002)
Defaulting on a conditional judgment removes its protection; garnishee order made absolute for sums then owing (K2,703,300).
  • Garnishee proceedings — debtor-creditor relationship required — Order 45 rule 10 — effect of default on conditional distribution under prior judgment — priority of diligent judgment creditor
31 December 2002
Ndau v Sapua (Civil Cause 2733 of 1999) [2002] MWHC 64 (9 December 2002)
A driver negligently struck a child on a roadside verge; defendants held liable and damages awarded.
  • Motor-vehicle negligence — duty of care to persons on verge — excessive speed and failure to keep proper lookout; contributory negligence rejected; vicarious/owner and insurer liability; conventional awards for loss of expectation of life and dependency
9 December 2002
Fatchi v Principal Secretary for Commerce Industries (Misc. Civil Cause 168 of 2002) [2002] MWHC 63 (5 December 2002)
Cancellation of an import licence without written reasons or hearing breached the applicant's constitutional right to fair administrative action.
  • Administrative law — Procedural fairness and natural justice — Right to written reasons under section 43 of the Constitution — Judicial review of cancellation of import licence — Abuse of public power — Relief: quashing decision and release of goods
5 December 2002
Royle v Royle (Matrimonial Cause 10 of 2002) [2002] MWHC 62 (3 December 2002)
Insufficient proof of cruelty or desertion; judicial separation granted with leave to seek divorce if reconciliation fails.
  • Family law — Divorce Act grounds — Cruelty and desertion — Insufficient evidence of financial irresponsibility or psychological cruelty — Withdrawal of conjugal rights linked to conduct — Judicial separation appropriate where both parties contribute to breakdown
3 December 2002