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Principal Registry - 1986 July

5 judgments
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5 judgments
July 1986
Banyira v MANICA Freight Services (Malawi) Limited (Civil Cause 610 of 1985) [1986] MWHC 6 (21 July 1986)
Plaintiff's false imprisonment claim failed where defendant only provided information and police acted on their own judgment.
  • False imprisonment — liability requires laying a charge; mere provision of information to police not actionable — onus on plaintiff to prove accusation or procurement of arrest — failure to call material police witness and inconsistent evidence fatal to claim
21 July 1986
Indefund Limited v Manguluti & Another (Civil Cause 232 of 185) [1986] MWHC 11 (21 July 1986)
Directors who executed a continuing personal guarantee remained personally liable; receivership was properly appointed and counterclaims failed.
  • Security and guarantees — personal guarantee by directors — enforceability; Debenture — power to appoint receiver and manager; Receivership — grounds for appointment and scope of receiver's duties; Liability — guarantors' joint and several liability; Counterclaims — proof required for terminal benefits; Agency clause — receiver as agent of borrower excluding debenture holder's liability.
21 July 1986
Attorney General v Chirambo (Civil Cause 444 of 1985) [1986] MWHC 13 (14 July 1986)
Practitioner suspended three years for overcharging and deceiving client; misappropriation allegation not proved.
  • Professional misconduct — overcharging client — deliberate non-disclosure of settlement amount — deception — misappropriation suspected but not proved beyond reasonable doubt — high standard of proof for deceit allegations — suspension for professional misconduct under s.21 Legal Education and Legal Practitioners Act.
14 July 1986
Mpingwe sports club v The registered Trustees of Hockey Association of Malawi (Civil Cause 474 of 1986) [1986] MWHC 26 (11 July 1986)
11 July 1986
Pasanje v Pasanje and Another (Civil Cause 7 of 1986) [1986] MWHC 27 (11 July 1986)
Whether a customary-law wife may petition to nullify her husband's Marriage Act marriage under the Divorce and Marriage Acts.
  • Family law — Nullity of marriage; locus standi of customary-law spouse; interaction of Marriage Act s34(1) and Divorce Act s11/12(1)(d); void marriages; potential bigamy offence.
11 July 1986