High Court of Malawi - 2006 October

6 judgments
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Results. 6 judgments found.

6 judgments
October 2006
Summary judgment granted for undisputed account balance where defendant's denials were general and unsupported.
  • Civil Procedure
    • — Summary Judgment — Whether summary judgment appropriate where defendant raises general denials and account reconciliations
    • — Rehearing on Appeal — Appeal from Assistant Registrar to judge in chambers is by way of rehearing
31 October 2006
High Court dismissed appeal because no question of law or jurisdiction was raised under s65(2) Labour Relations Act.
  • Labour Law — Appeals — Scope of appeal from Industrial Relations Court under section 65(2) Labour Relations Act — Whether quantum of compensation is reviewable absent a question of law or jurisdiction
30 October 2006
Injunction granted protecting the plaintiff’s exclusive right to distribute 'Exide' batteries, excluding the revenue authority.
  • Intellectual Property — Trade Mark — Injunction to restrain dealing in goods bearing protected trade mark — Application of American Cyanamid principles
  • Administrative Law — Public Revenue Agency — Injunction against revenue collector — Practicality and balance of convenience
30 October 2006
Interlocutory injunction restraining termination of a statutory chief officer refused for lack of a good arguable case and because damages suffice.
  • Interlocutory injunction; employment contract vs judicial review; American Cyanamid principles; doctrine of necessity; adequacy of damages.
30 October 2006
Failure to give reasons and follow transparent selection breached legitimate expectations, warranting quashing and remedial assistance.
  • Administrative Law — Procedural Fairness — Legitimate expectation and requirement to give reasons in public funding decisions — Constitution s 43
  • Civil Procedure — Proper Parties in Judicial Review — Attorney General not a proper respondent unless privy to the challenged decision
26 October 2006
Plaintiff’s writ allowed where earlier originating summons was improperly served and inappropriate; injunction consolidated into the writ.
  • Civil Procedure
    • — Abuse of Process — Commencing writ after originating summons on same subject-matter — Court’s power to prevent improper multiplicity of proceedings
    • — Service and Mode of Commencement — Defective service and wrong use of originating summons — Order 10 r 1; Order 65 r 4; Order 5 r 4
12 October 2006