High Court of Malawi - 2009 August

4 judgments

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4 judgments
Citation
Judgment date
August 2009
25 August 2009
13 August 2009
Appeal against conviction after guilty plea barred; 18 months penal servitude upheld for unlawful wounding with a panga.
Criminal law – unlawful wounding – plea of guilty – appeal barred under s.348 Criminal Procedure & Evidence Code – sentence review – use of lethal weapon (panga) – mitigating factors (first offender, plea)
6 August 2009
Defendant wrongfully terminated the supply contract without required written notice and negligently caused hazardous fuel spillage.
Contract law – wrongful termination for failure to give contractual written notice; Substitution clause – dealer’s right to procure shortfall after 72 hours; Tort – negligence for unsafe removal causing fuel spillage and fire risk; insufficient evidence for nuisance or defamation
4 August 2009