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Principal Registry - 1987 December

4 judgments
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4 judgments
Citation
Judgment date
December 1987
Shankar Exports Limited v Noor Agencies (Civil Cause 7 of 1985) [1987] MWHC 18 (17 December 1987)
Claim for unpaid interest on a bill of exchange dismissed—defendant had paid in full and plaintiff's claims were inconsistent.
Bills of exchange — endorsement on triplicate copy possibly inserted after acceptance; payment in full and final settlement; inconsistent multiple claims undermining creditor's credibility.
 17 December 1987
New auto parts v Potamianos (Civil Cause 1 of 1986) [1987] MWHC 39 (10 December 1987)
10 December 1987
Nthenga v Blantyre City Council (Civil Cause 556 of 1987) [1987] MWHC 24 (10 December 1987)
Court held ex parte interim stay lawful where urgency and risk of irreparable harm justified departure from Order 47 requirements.
Civil procedure — Interlocutory relief — Ex parte stay of execution — Order 47 Rule 1 procedural requirements — Urgency and irreparable harm may justify ex parte relief despite non‑compliance with usual service rules.
 10 December 1987
Nyang'wa v City Motors Limited (Civil Cause 476 of 1986) [1987] MWHC 43 (8 December 1987)
A garage may retain and retake a vehicle for unpaid repairs; no conversion shown and counterclaim succeeded.
Conversion — possessory lien — garage's right to retain chattel for unpaid repairs; release induced by plaintiff's representation — right to retake; advertisement not proved to be sale; counterclaim for repair charges established.
 8 December 1987