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High Court of Malawi - 2023

105 judgments
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105 judgments
January 2023
Dalitso General Suppliers Limited v Mybucks Banking Corporation Limited (Commercial Cause 426 of 2022) [2023] MWHC 57 (24 January 2023)
Ex parte injunction discharged where borrower defaulted, misrepresented title/service and bank lawfully pursued sale under statutory remedies.
  • Interlocutory injunction — discharge of ex parte injunction; American Cyanamid principles; Registered Land Act ss.68 & 71; service of statutory demand; misrepresentation and bad faith; adequacy of damages; balance of convenience.
24 January 2023
Msinja & 4 Others v Reunion Insurance Company Limited (Personal Injury Case 4 of 2012) [2023] MWHC 67 (13 January 2023)
The court found the insurer liable where the insured driver's road obstruction breached the duty of care and caused the collision.
  • Motor vehicle negligence — obstruction of road — duty of care of drivers — causation and burden of proof — insurer liability — assessment of damages.
13 January 2023
Msinja and 4 Others v Reunion Insurance Company (Personal Injury Case 4 of 2012) [2023] MWHC 111 (13 January 2023)
A road obstruction by an insured driver was negligent, rendering the defendant insurer liable and damages to be assessed.
  • Negligence — obstruction of road by driver — duty of care of road users — foreseeability and causation — insurer vicarious/liability — burden of proof on balance of probabilities.
13 January 2023
Chitekwe v Electricity Supply Corporation of Malawi (Civil Cause 7 of 2018) [2023] MWHC 65 (12 January 2023)
12 January 2023
Chitekwe v Electric Supply Corporation of Malawi (Civil Cause 7 of 2018) [2023] MWHC 39 (12 January 2023)
Assessment of damages for property and business losses caused by negligent electricity supply, including replacement costs and lost profits.
  • Negligence — assessment of damages for destruction of property and business by electrical fire; replacement value and contractor quotations; proof of special damages; conversion of sales to profit (30% margin); general damages for inconvenience.
12 January 2023