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Principal Registry - 1992 July

4 judgments
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4 judgments
July 1992
Mkandawire v Wawanya (Civil Cause 412 of 1990) [1992] MWHC 42 (22 July 1992)
Unreasonable delay in paying the balance barred specific performance of a land sale; contract existed but was repudiated.
  • 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.
22 July 1992
Gondwe v The attorney General (Civil Cause 290 of 1988) [1992] MWHC 61 (1 July 1992)
1 July 1992
Mikombe & Chitala v United Transport (Malawi) Limited (Civil Cause 123 of 1990) [1992] MWHC 36 (1 July 1992)
Employer liable for three days' false imprisonment; dismissal justified but not retrospective, awarding salary and damages.
  • 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.
1 July 1992
Milanzi v Attorney General (Civil Cause 668 of 1985) [1992] MWHC 45 (1 July 1992)
Legal Aid Department held liable for professional negligence and breach of contract after failing to pursue a timely personal injury claim.
  • 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.
1 July 1992