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Principal Registry - 1992 March

3 judgments
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3 judgments
March 1992
Khamisa v Mia (Civil Cause 1033 of 1990) [1992] MWHC 30 (27 March 1992)
Permission from the registered user (agent) defeats conversion claim absent proof of negligent driving.
  • 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.
27 March 1992
Kuwali v Msuku and 2 others (Civil Appeal 3 of 1989) [1992] MWHC 50 (27 March 1992)
27 March 1992
Bowsprit Trading (PTY) Limited v Namalunga Enterprises LTD (Civil Cause 895 of 1990) [1992] MWHC 32 (12 March 1992)
Summary judgment refused where defendant raised triable issue that payment was conditional on a bill of exchange.
  • 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.
12 March 1992