Skip to document content Skip to main menu Skip to search

Principal Registry - 1992 January

2 judgments
Advanced search
Skip past Court registries
Skip past years
Skip past months
Filters
Skip to results
2 judgments
January 1992
Lever Brothers Malawi Limited v Liabunya (Civil Cause 542 of 1990) [1992] MWHC 48 (30 January 1992)
Whether a stay of execution pending appeal should be granted absent clear evidence the respondent cannot repay the damages.
  • 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.
30 January 1992
Mkwende v Mototech (Civil Cause 29 of 1990) [1992] MWHC 29 (20 January 1992)
Whether a garage’s failure to maintain electrical installations and give notice excuses liability for a fire that destroyed a customer’s car.
  • 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.
20 January 1992