Results.
33 judgments found.
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| December 1992 |
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Claim for unpaid goods dismissed where plaintiff failed to prove delivery due to missing delivery notes and unreliable secondary evidence.
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Sale of goods — goods sold and delivered — burden of proof of delivery — missing delivery notes and secondary evidence — credibility of witness with history of irregularities — passing of property and risk — estoppel from denying debt.
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30 December 1992 |
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Court refused default judgment for late-filed defence and ordered defendant to pay costs for the delay.
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Civil procedure — summons for judgment — late service of defence — discretion to consider late pleadings — refusal to enter default judgment — costs awarded for delay
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15 December 1992 |
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8 December 1992 |
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8 December 1992 |
| November 1992 |
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18 November 1992 |
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The plaintiff was unlawfully arrested by a private person as a 'hostage'; aggravated damages and costs were awarded.
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Tort — False imprisonment — Arrest by private person — Reasonable grounds for arrest under section 33 Criminal Procedure and Evidence Code — Accessory after the fact — Aggravated damages — Police detention without formal complaint — Liability and costs.
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10 November 1992 |
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Section 8 limited to statutory-duty suits; judgment-creditor must issue Petition of Right certificate to the Treasury Secretary to seek satisfaction.
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Civil Procedure (Suits by or against the Government) Act s8 — narrow application to decrees arising from statutory/public duties; Execution against Government — Courts Act s29 and Rules of the Supreme Court (Order 77 r15) prohibit warrants of execution; Petition of Right Act 1860 s13 — certificate procedure and service on Secretary to the Treasury for satisfaction of judgments against the Crown.
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7 November 1992 |
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Plaintiff failed to prove wrongful detention, missing cartons, or paid bond charges; claim dismissed with costs.
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Shipping and warehousing liability — wrongful detention and loss of imported goods — burden of proof on claimant; failure to produce buyer and receipts; missing goods while at Customs not attributable to warehouse operator.
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6 November 1992 |
| October 1992 |
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Employer liable for false imprisonment and trespass; employee entitled to salary to suspension but summary dismissal justified on balance of probabilities.
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Employment law — suspension and pay — Clause 19 interpreted as applying to Police arrest only; dismissal — summary dismissal justified on balance of probabilities; Tort — false imprisonment where employer's servants make charge leading to detention; Trespass — unauthorised removal of property; Damages awarded.
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16 October 1992 |
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Whether the respondent admitted liability for interest and whether a binding agreement on interest was formed.
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Contract formation — offer and acceptance — conduct as acceptance — admission to indebtedness — retraction of offer — standard of proof for admissions — costs awarded up to stage of payment.
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1 October 1992 |
| August 1992 |
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12 August 1992 |
| July 1992 |
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Unreasonable delay in paying the balance barred specific performance of a land sale; contract existed but was repudiated.
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Contract law — formation and acceptance — waiver of time limit; Statute of Frauds — written memorandum for sale of land; breach and unreasonable delay in payment of purchase price; time made of the essence by notice; equitable relief — specific performance refused where claimant did not come to equity with clean hands; restitution of monies paid under abortive contract.
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22 July 1992 |
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1 July 1992 |
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Employer liable for three days' false imprisonment; dismissal justified but not retrospective, awarding salary and damages.
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Employment law — wrongful dismissal — retrospective dismissal not permitted; False imprisonment — employer’s agent laying charge and delivering employees to police creates employer liability for unlawful deprivation of liberty; Remedies — damages for loss of liberty and for salary/benefits for period of wrongful dismissal.
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1 July 1992 |
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Legal Aid Department held liable for professional negligence and breach of contract after failing to pursue a timely personal injury claim.
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Legal Aid Act s.7(2) — solicitor–client relationship; professional negligence by public legal aid provider; breach of contract; limitation/statute-barred claims; damages where special losses not strictly proved.
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1 July 1992 |
| June 1992 |
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26 June 1992 |
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Court refused stay pending appeal, finding the respondent’s assets sufficient to secure repayment and rejecting speculative risks.
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Civil procedure — Stay of execution pending appeal — evidentiary burden to show risk of judgment becoming nugatory — sufficiency of assets — alternative of payment into court — balancing respondent’s right to enforcement and appellant’s right to appeal.
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25 June 1992 |
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Whether the defendant lawfully dismissed the plaintiff for theft and whether suspension without pay entitled the plaintiff to back pay.
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Employment law — wrongful dismissal and summary dismissal under Malawi Public Service Regulations (Book Three); proof by confession and witness identification; verbal suspension; entitlement to pay during unlawful suspension; remedy and costs.
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19 June 1992 |
| May 1992 |
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Defendant’s excessive speed and failure to give room caused collision; plaintiff awarded proven repair costs, loss of use and costs.
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Motor-vehicle negligence — duty of care — excessive speed and failure to give way — contributory negligence — proof and assessment of special damages — award for loss of use.
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21 May 1992 |
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Solicitors who account clearly for sale proceeds are not liable for negligence absent gross negligence and causal loss.
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Professional negligence — solicitors' duty — standard of reasonable competence and diligence — requirement of duty, breach and causation — gross negligence threshold for liability; accounting to client — effect of providing clear account of sale proceeds on liability; causation of legal costs.
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15 May 1992 |
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5 May 1992 |
| April 1992 |
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Summary dismissal upheld for failure to report dishonoured cheques; conversion proved but only nominal damages; excess rentals awarded.
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Employment law — summary dismissal for misconduct — accountant’s duty to report and follow up dishonoured cheques; Conversion — sale of vehicle purchased with employer loan under duress; Mortgage/rental accounts — entitlement to excess rentals; Costs — allocation where plaintiff obtains nominal damages and partly successful claims.
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13 April 1992 |
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Court proceeded to judgment under Order 35/1 and awarded plaintiff K27,500 based on credible oral and documentary evidence.
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Civil procedure — failure to attend — Order 35 r.1 — proceeding to judgment; Evidence — witness credibility — missing written acknowledgement not fatal; Debt recovery — dishonoured post-dated cheques and part payments establish balance owing.
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10 April 1992 |
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Lender liable for wrongful seizure when its officer accompanied execution; legal practitioners not liable; defamation claim dismissed.
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Execution of process — Sheriff must act strictly in accordance with warrant — Wrongful seizure/trespass to goods — Creditor liable where its officer accompanies/supervises execution — Solicitor’s limited liability for execution assistance — Defamation: variance between pleaded and proved words, and absence of agency.
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10 April 1992 |
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2 April 1992 |
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Court held an oral renewal and awarded notice and leave pay; K2,500 ex gratia was not full settlement.
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Contract renewal — oral renewal and conduct evidence; entitlement to notice pay and leave pay; validity of purported termination notice; ex gratia payment versus full-and-final settlement; limitation under Local Government Act.
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2 April 1992 |
| March 1992 |
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Permission from the registered user (agent) defeats conversion claim absent proof of negligent driving.
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Motor vehicle damage — Proprietary/possessory interest to sue despite registration in another’s name — Permission by registered user’s agent defeats conversion/trespass claim — No liability where no evidence of negligent or blameworthy driving — Insufficient proof of quantum of repair damages.
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27 March 1992 |
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27 March 1992 |
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Summary judgment refused where defendant raised triable issue that payment was conditional on a bill of exchange.
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Procedure — Summary judgment (Order 14) — Appropriate only where no real defence or triable issue — International sale of goods — Payment terms; bill of exchange as condition — Pleadings and affidavits must show absence of triable issue.
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12 March 1992 |
| February 1992 |
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Assessment of damages for dog-bite: shock disallowed; plaintiff awarded K300 pain and K500 disfigurement.
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Damages — personal injury (dog bite) — quantum — pain and suffering; disfigurement — shock requires medical evidence of nervous shock; special damages must be proved.
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13 February 1992 |
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Instalment payment refused where defendant misrepresented mortgage status and disposed assets to defeat creditors.
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Civil procedure — application for payment by instalments of debt — misrepresentation of encumbrance/mortgage in property sale — disposal of assets to frustrate creditors — equitable considerations — costs.
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10 February 1992 |
| January 1992 |
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Whether a stay of execution pending appeal should be granted absent clear evidence the respondent cannot repay the damages.
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Civil procedure — Stay of execution pending appeal (O.59 r.13) — Applicant must show payment would render appeal nugatory — Affidavit must prove respondent’s inability to repay (employment, income) — Court’s discretion exercised in favour of successful litigant; public policy and justice considerations.
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30 January 1992 |
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Whether a garage’s failure to maintain electrical installations and give notice excuses liability for a fire that destroyed a customer’s car.
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Tort — negligence of garage in care of customer's vehicle; causation — electrical short circuit; exclusion clause and course of dealing; Fires Prevention (Metropolis) Act 1774 inapplicable to negligent fires; insurance proceeds not deducted from damages; assessment of special and general damages.
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20 January 1992 |