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High Court of Malawi - 2015 June

4 judgments
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4 judgments
June 2015
Nyirenda v Sana Cash and Carry (Civil Cause 487 of 2014) [2015] MWHC 100 (15 June 2015)
A two-month delay in seeking to set aside a default judgment was held inordinate; merits did not justify relief.
  • Civil procedure — setting aside default judgment — promptness and reasonable time; merits of defence insufficient where delay is inordinate; two-month delay held inexcusable.
15 June 2015
Wyson John v R (Bail Cause Number 86 of 2015) [2015] MWHC 522 (15 June 2015)
15 June 2015
Bango v Attorney General & Anor. (None) [2015] MWHC 473 (9 June 2015)
Plaintiff’s tort claims for false imprisonment and malicious prosecution dismissed where police acted on reasonable suspicion and defendant only assisted investigations.
  • Civil Law —  Tort
    • — False Imprisonment — Liability where private party provides information to police; distinction between mere assistance and initiating arrest
    • — Malicious Prosecution — Requirement of lack of reasonable and probable cause and proof of malice; effect of initial conviction on reasonable cause
9 June 2015
Bauleni & Ors. v Siku Transport & Anor. (None) [2015] MWHC 475 (1 June 2015)
Plaintiffs failed to prove negligent overtaking; prior criminal conviction held inadmissible in the civil proceedings.
  • Tort — Road Traffic — Negligent Overtaking and Causation — Proof on Balance of Probabilities
  • Evidence — Previous Criminal Conviction in Civil Proceedings — Inadmissibility under Common Law (Hollingworth v Hewthorn)
  • Procedure — Applicability of UK Civil Evidence Act 1968 / Rule 18(7A) — Not Part of Malawi's Received Law
1 June 2015