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High Court of Malawi - 2011 June

4 judgments
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4 judgments
Citation
Judgment date
June 2011
Kachingwe v NBS Bank Limited and Trust Auctioneers and Estate Agents ( 1980) Limited (Civil Cause 199 of 2011) [2011] MWHC 99 (17 June 2011)
Interlocutory injunction granted to restrain bank from realising security where a subsisting repayment agreement and the balance of convenience favoured the applicant.
Civil procedure — interlocutory injunction — creditor’s threatened realisation of security — effect of subsisting written repayment/restructuring agreement — balance of convenience and preservation of status quo pending final determination.
 17 June 2011
Darlington Ngola v Mota Engil Ltd (832 of 2010) [2011] MWHC 22 (12 June 2011)
Whether a seasonal-worker redundancy was unfair and appropriate damages for non-permanent personal injuries.
Tort — negligence causing personal injury; Assessment of pain and suffering and loss of amenities; Employment law — redundancy and unfair dismissal for seasonal workers; Proof requirements in undefended claims; Quantum of damages.
 12 June 2011
Market Point Advertising Agency v Dulux Ltd (218 of 2007) [2011] MWHC 23 (12 June 2011)
Whether the defendant could set off voluntary settlement costs from a third-party copyright claim against the plaintiff's contractual debt.
Civil procedure – counter-claim and set-off; legal set-off requires merger in judgment; "without prejudice" settlement and its effect; liability for voluntary settlement of third-party copyright claim; contractual debt — interest and costs.
 12 June 2011
Nthala t/a DEE & TEE Lodge v NBS Bank LTD & Osman (Land Cause 2 of 2011) [2011] MWHC 102 (10 June 2011)
Interlocutory injunction refused where chargee lawfully exercised power of sale; remedy limited to damages.
Interlocutory injunctions — American Cyanamid test — power of sale under a land charge — Registered Land Act s71(3) — damages as exclusive remedy — innocent purchaser for value without notice.
 10 June 2011