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High Court of Malawi - 2009 August

4 judgments
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4 judgments
August 2009
Moyo v Attorney - General (Constitutional Case No. 12 of 2007) [2009] MWHC 83 (25 August 2009)
25 August 2009
Chakhaza v Portland Cement (1974) Limited (Civil Cause 1581 of 2000) [2009] MWHC 230 (13 August 2009)
13 August 2009
Langson v R (90 of 2009) [2009] MWHC 24 (6 August 2009)
A guilty plea bars appeal against conviction; 18‑month sentence upheld for unlawful wounding with a panga.
  • Criminal Law
    • — Plea of Guilty — Appeal against conviction barred — Criminal Procedure & Evidence Code s 348
    • — Sentencing — Use of lethal weapon (panga) justifies custodial sentence despite first offender status
    • — Self‑Defence — Plea of self‑defence cannot overturn conviction after guilty plea
6 August 2009
Bisno Properties Ltd v Bp Malawi Ltd (323 of 2003) [2009] MWHC 27 (4 August 2009)
Defendant unlawfully terminated the supply contract without required notice and negligently caused hazardous fuel spillage.
  • Contract — Termination of supply agreement — Whether unilateral termination without written notice and required cure periods breaches contract — Contract Clauses 18/18.8
  • Tort
    • — Negligence — Duty of care during removal of equipment — Liability for hazardous fuel spillage and inadequate cleanup
    • — Nuisance and Defamation — Requirement of evidence — Dismissal where no independent witnesses or proof
4 August 2009