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High Court of Malawi - 2012 November

3 judgments
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3 judgments
November 2012
Ahmed Said Masha v Gift Sukampeni (Civil Appeal 56 of 2012) [2012] MWHC 74 (27 November 2012)
Court upheld respondent’s claim for K83,000 under an oral contract, disregarded hearsay evidence, and ordered immediate payment into court.
  • Contract law — oral contract for services — proof of contract sum and payments; Evidence — hearsay inadmissible where witness lacked direct knowledge; Credibility and arithmetic used to determine balance due; Order for immediate payment into court; Costs awarded to successful party.
27 November 2012
R v Banda (75 of 2011) [2012] MWHC 17 (19 November 2012)
Circumstantial evidence and phone identification sufficed to convict the appellant for demanding property by written threats.
  • Criminal Law
    • — Extortion / Demanding Property by Written Threats — Sufficiency of circumstantial evidence to establish identity of sender and guilt — Section 304 Penal Code
    • — Sentencing — Whether four years' imprisonment was manifestly excessive — Appellate restraint in substituting sentence
19 November 2012
Seme v Nyirenda (43 of 2011) [2012] MWHC 12 (11 November 2012)
Appellate court upheld distribution and compensation, finding respondent’s contributions warranted an K800,000 share and K50,000 compensation.
  • Family Law
    • — Matrimonial Property — Division of matrimonial property on divorce — Effect of monetary and non‑monetary contributions and inference of beneficial interest
    • — Compensation on Divorce — Award for loss of marriage — Assessment and reasonableness of compensation
  • Civil Procedure — Appeal by Rehearing — Deference to subordinate court’s valuation and credibility findings
11 November 2012