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Principal Registry - 1991 January

3 judgments
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3 judgments
January 1991
Lungu v Alimahomed (Civil Cause 72 of 1990) [1991] MWHC 17 (27 January 1991)
A bona fide counterclaim arising from the same subject matter requires unconditional leave to defend; triable issues vitiating a bill of sale were identified.
  • Civil procedure — Order 14, Rule 5 — Summary judgment on counterclaim — Principles applied mutatis mutandis — Bona fide counterclaim arising from same subject matter warrants unconditional leave to defend — Bill of sale may be vitiated where used to secure sale price or where consideration not truly stated.
27 January 1991
Sugar Corporation of Malawi Limited v Harding t/a Kirtland Company (Civil Cause 99 of 1990) [1991] MWHC 24 (18 January 1991)
Summary judgment inappropriate where substantial disputes exist about whether the defendant was the contracting party; unconditional leave to defend granted.
  • Civil procedure — summary judgment (Order 14) — bona fide defence and substantial disputes of fact or law preclude summary disposal; identity of contracting party; evidentiary proof of foreign company’s existence/non‑existence.
18 January 1991
Southern Bottlers v Issa & Another (Civil Cause 1230 of 1990) [1991] MWHC 23 (14 January 1991)
Whether the applicant should obtain an interlocutory injunction to restrain the respondent's use of a similar trade mark.
  • Trade marks — infringement — use of similar name "Freezits"; Interlocutory injunction — good arguable claim/serious question to be tried; Court should not decide merits on affidavits; Balance of convenience — risk of irreparable harm; Undertaking as to damages.
14 January 1991