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High Court of Malawi - 2004 February

2 judgments
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2 judgments
February 2004
Blantyre Hotels LTD v National Road Safety Council of Malawi (Civil Cause 2608 of 2001) [2004] MWHC 102 (27 February 2004)
Summary judgment granted where plaintiff proved unpaid invoices and the defendant failed to establish a bona fide defence.
  • Civil procedure — Summary judgment (Order 14 r 1) — proof by invoices and purchase orders — defendant’s denial without affidavit — no bona fide defence — interest and costs awarded.
27 February 2004
Iphani v Makandi Tea and Coffee Estate (Civil Cause 3623 of 2001) [2004] MWHC 57 (2 February 2004)
Private-person arrest on reasonable suspicion lawful; respondent not liable for post-handover detention; trespass claim unproven.
  • Civil liability for private-person arrests — false imprisonment — reasonable suspicion justifies private arrest; liability for continued detention rests with State once handed to police; trespass to goods/conversion — burden of proof, hearsay and failure to call material witnesses; legal practitioner’s collection costs recoverable only for liquidated demands
2 February 2004