High Court of Malawi - 2006 February

4 judgments

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4 judgments
Citation
Judgment date
February 2006
Whether defendant may enforce registered securities for an overdraft where consolidation with a secured guarantee was not proven.
Banking law – bank guarantee v. overdraft – consolidation of facilities – burden to prove agreement to consolidate – unsigned document insufficient – registered charges secure only the guaranteed facility – declaratory relief granted; damages for detention refused.
28 February 2006
14 February 2006
Manufacturer liable for negligence where a sealed beverage contained a condom; plaintiff entitled to damages and costs.
Product liability – Manufacturer’s duty of care to ultimate consumer – Defect in sealed beverage (foreign object) – Breach where packaging machinery faulty and manual sealing used – Causation of nervous shock and consequent raised blood pressure – Quantum to be assessed by Registrar – Costs to successful plaintiff.
13 February 2006
Whether a consent order created a lien for additional storage charges—court ordered immediate release of detained fertilizer.
Civil procedure – consent order — construction of consent terms; mandatory (interlocutory) injunction — exceptional equitable remedy; lien — scope limited to expressly secured instalments; storage charges — not payable unless consent order contemplated them; damages claim not heard on interlocutory summons.
1 February 2006