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Principal Registry - 1989

5 judgments
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5 judgments
Citation
Judgment date
November 1989
Usupu v Brown and Clapperton Limited (Corporation) (Civil Cause 99 of 1988) [1989] MWHC 19 (30 November 1989)
Redundancy lawful where contractual notice paid; statutory severance not payable and employer pension contributions nonrefundable.
Employment law – redundancy/retrenchment – implied terms and retirement age; notice and pay in lieu; statutory severance pay threshold; pension fund rules on refund of employer contributions.
 30 November 1989
Malawi Hotels Limited v Nagoli and 2 Others (Civil Cause 872 of 1989) [1989] MWHC 16 (1 November 1989)
Interlocutory injunction granted to preserve plaintiffs' asserted lease and development rights pending trial due to serious question and irreparable harm.
Interlocutory injunction — American Cyanamid principles — good arguable case — irreparable harm — adequacy of damages — locus to land interest — balance of convenience — costs in the cause.
 1 November 1989
August 1989
Chenda Mkandawire Enterprises v Everglo Electric Company (Civil Cause 97 of 1988) [1989] MWHC 18 (30 August 1989)
Buyer entitled to recover payments and mitigation costs where specially supplied system failed to work and consideration totally failed.
Sale of goods – contract for specially manufactured goods – implied condition as to fitness for particular purpose – total failure of consideration – recovery of payment and mitigation damages – interest at commercial rate.
 30 August 1989
Somanje v Somanje and 2 Others (Civil Cause 379 of 1989) [1989] MWHC 15 (9 August 1989)
Court refused to vacate ex parte injunction preserving estate assets amid triable disputes over administration and ownership.
Probate/administration — interlocutory ex parte injunction — American Cyanamid test — uberrima fides — triable issues: validity of marriage/divorce, entitlement to letters of administration, ownership of estate assets — balance of convenience — refusal to vacate injunction.
 9 August 1989
February 1989
Bello v Phiri (Civil Cause 285 of 1986) [1989] MWHC 17 (14 February 1989)
14 February 1989