High Court of Malawi - 2006 April

2 judgments
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Results. 2 judgments found.

2 judgments
April 2006
Whether the defendant validly cancelled an auction sale for non‑payment of the balance and claimed rentals.
  • Contract Law
    • — Sale by Auction — Cancellation for non‑payment of balance — Time for payment and waiver/estoppel — Interpretation of auction conditions
    • — Remedies — Possession and rents prior to full payment — Deduction of rentals on cancellation
    • — Liquidated Damages — Requirement of proper pleading and evidence for recovery
26 April 2006
Plaintiff’s failure of full and frank disclosure in an ex parte injunction led to its discharge and dismissal with costs.
  • Civil Procedure — Interlocutory Injunctions — Full and frank disclosure required for ex parte relief
  • Commercial Law — Security for Debt — Bank’s contractual and legal right to sell pledged property on borrower default
12 April 2006