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High Court of Malawi - 2006 February

4 judgments

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4 judgments

Citation	Judgment date
February 2006
Chikho v Stanbic Bank Ltd (2783 of 2005) [2006] MWHC 5 (28 February 2006) Whether expiry of a bank guarantee extinguished charges over the applicant’s properties where the overdraft remained unsecured. Bank guarantee; overdraft facility; consolidation of credit facilities; burden of proof to show alteration of terms; registration and discharge of charges; expiry of guarantee; wrongful detention of title deeds; refusal of damages where indebtedness subsists	28 February 2006
Machinjiri t/a Mapanga Passanger Services v Leyland DAF (Malawi) LTD (Civil Cause 2668 of 2000) [2006] MWHC 146 (14 February 2006)	14 February 2006
Mataka v Chibukhu Products Ltd (725 of 2005) [2006] MWHC 4 (13 February 2006) Manufacturer liable in negligence where sealed product contained contaminant; damages to be assessed by Registrar. Product liability/negligence – Manufacturer's duty of care to consumer – Defect present when product left factory – Failure of quality control/manual packing – Recoverable nervous shock and consequential physical harm	13 February 2006
Small Holder Farmers Fertiliser Revolving Fund of Malawi v Export Trading Co Ltd (1651 of 2005) [2006] MWHC 2 (1 February 2006) Mandatory injunction granted to compel release of goods where consent order did not authorize retained lien for extra storage charges. Mandatory/interlocutory injunction – consent order – scope of lien – storage charges – equitable relief for wrongful detention of goods – damages claim not appropriate in interlocutory application	1 February 2006

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