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Citation
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Judgment date
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| December 1993 |
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Representative action cannot be used for separate individual employment contracts; lumping genuine small claims into High Court is not per se abusive.
Civil procedure – Representative action – Not maintainable where claims arise from separate individual contracts lacking common interest; Abuse of process – Aggregation of genuine small claims in High Court not necessarily abuse; High Court original jurisdiction; Amendment rather than total strike-out.
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30 December 1993 |
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30 December 1993 |
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Court struck out a sham defence as abuse of process and entered judgment for the plaintiff after crediting a partial payment.
Civil procedure – striking out defence – inherent jurisdiction to prevent abuse of process – sham or frivolous defence – entry of judgment after credit for part payment; Order 18.
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28 December 1993 |
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Plaintiff awarded K3,000 for pain and suffering from soft tissue leg injuries; no loss of earnings or amenities awarded.
Personal injury — Non-pecuniary damages for pain and suffering — Soft tissue injuries and cuts without fracture — No permanent incapacity or loss of earning capacity — No award for loss of amenities — Quantum: K3,000; costs on subordinate court scale.
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21 December 1993 |
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Award of general damages and loss of earning capacity to a labourer injured at work despite continuing in same employment.
Personal injury — Workplace accident — Amputation and partial disability — General damages for pain and suffering and loss of amenities — Loss of earning capacity despite continued employment — Substantial (non‑speculative) risk of future job loss — Quantification by reference to earnings and working life.
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21 December 1993 |
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7 December 1993 |
| November 1993 |
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Plaintiff may recover substitute vehicle hire costs incurred during repairs caused by the defendant’s negligence.
Negligence — consequential loss to chattels — recoverability of substitute hire costs — third‑party payments and obligations — credibility of hiring evidence.
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29 November 1993 |
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A defendant’s prima facie defence based on rejection and redelivery of goods can justify setting aside a default judgment.
Civil procedure — setting aside default judgment; service and computation of time; statement of claim not required for liquidated claims where writ sufficiently states claim; contract — rejection and redelivery of goods, mitigation and measure of damages; prima facie defence warrants setting aside default judgment.
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15 November 1993 |
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Plaintiff awarded K2,800 for unpaid allowance, conversion of goods, and defamation following defendant's default.
Employment — unpaid professional/responsibility allowance; Conversion and trespass to goods — measure of damages (cost at time of conversion); Defamation — damages for injury to credit and reputation; Default judgment — assessment of damages in absence of defendant.
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13 November 1993 |
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A registrar may grant an ex parte stay of execution and impose instalment payment conditions under Order 47 r.1.
Civil procedure – Order 47 r.1 – Stay of execution – Application after instalment order – Registrar’s jurisdiction to grant ex parte stay and impose conditions – inability to pay.
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12 November 1993 |
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The respondent driver failed to yield at a give-way and was negligent; the applicant recovered damages and costs.
Road traffic — intersection governed by give-way signs — duty to yield and take proper lookout — credibility of independent witness — negligent pull-out causing collision — contributory negligence de minimis — damages for hire of replacement vehicles.
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4 November 1993 |
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An ex parte dismissal was set aside and the action restored where security for costs had been paid into court and the dismissal could be reconsidered under Order 32 r.6.
Civil procedure — Security for costs — Payment into court — No rule requiring notification to opposing party — Ex parte dismissal — Order 32 r.6: setting aside on proof of new facts or for justice — Restoration of action.
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3 November 1993 |
| October 1993 |
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Whether an applicant's affidavit discloses factual grounds for a defence on the merits is decisive in setting aside a default judgment.
Civil procedure – Setting aside default judgment – Primary consideration is whether affidavit discloses a defence on the merits by raising facts from which a triable issue can be inferred; mere allegations (fraud, denial, payment, illegality) without factual particularity are insufficient; instalment orders do not necessarily amount to approbation; court may permit supplementary affidavit.
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25 October 1993 |
| September 1993 |
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Employer held liable for false imprisonment, malicious prosecution and defamation; counterclaim mostly dismissed for lack of primary evidence.
Employment law — False imprisonment and malicious prosecution — Employer's active role in reporting to police can give rise to liability; defamation — calling employee a thief actionable per se; evidence — secondary/photocopy ledger insufficient to prove debt.
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17 September 1993 |
| August 1993 |
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Fixed-term lease expired; tenant in arrears; no unlawful subletting; landlord entitled to immediate possession and costs.
Landlord and tenant – fixed-term lease – automatic expiry on term end; no notice to quit required – non-payment of rent justified forfeiture of tenancy; covenant against subletting not breached where tenant retained possession; third-party claim does not permit tenant to withhold rent.
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26 August 1993 |
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Applicant lacked locus standi to set aside the respondent's default judgment; interpleader was the proper remedy for seized goods.
Locus standi; Order 13 Rule 9; setting aside default judgment; third‑party interest; wrongful seizure; interpleader; procedural requirements for intervention.
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24 August 1993 |
| July 1993 |
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27 July 1993 |
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Summary judgment granted on dishonoured cheques; defendant failed to raise a bona fide triable defence or produce supporting affidavit.
Civil procedure – summary judgment (Order 14) – dishonoured cheques – bill of exchange treated as cash/consideration – burden on defendant to raise bona fide triable defence – requirement for agent's affidavit to substantiate lack of authority or payments.
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8 July 1993 |
| June 1993 |
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Default judgment set aside where defendant raises a triable set-off defence despite presumption of service by post.
Civil procedure – judgment in default of notice of intention to defend – presumption of service where writ posted to correct letterbox – set-off as defence and counterclaim – applicability of Judicature Act 1873 – master and servant: deductions and set-off permissible absent statute or contract prohibiting same – triable issue justifies setting aside default judgment.
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29 June 1993 |
| May 1993 |
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A radio-broadcast slander at a political rally was actionable; court awarded K300,000 and addressed exemplary damages.
Defamation—slander actionable per se; wide publication (radio/newspaper); assessment of damages taking into account reputation, absence of apology and political motive; exemplary/punitive damages—scope in Malawi and relation to Rookes v. Barnard.
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26 May 1993 |
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Court dismissed plaintiff's application to continue unlawful use of residential plot pending relocation, for lack of interest and statutory non-compliance.
Town and Country Planning Act – zoning restrictions – use of residentially zoned land for commercial activities – declaratory relief – locus standi – temporary conditional permission – requirement to exhaust statutory appeal procedures – equitable clean hands.
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25 May 1993 |
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Long unlawful detention by state actors justified a large compensatory award with an exemplary element; trespass award modest.
Civil damages – false imprisonment – prolonged unlawful detention – aggravated and exemplary damages – quantum assessed at large; application and scope of Rookes v. Barnard in Malawi; trespass to land and goods; state liability for oppressive action.
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19 May 1993 |
| March 1993 |
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Suspension without pay requires express contractual authority; employer cannot recover lost stock where its own failings contributed to the loss.
Employment law – suspension without pay – requires express contractual or disciplinary provision; wrongful dismissal claim – wages during unlawful suspension; employee negligence – employer’s contributory fault and absence of implied indemnity bar recovery by employer.
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11 March 1993 |
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Whether the defendant bank could lawfully set off a guaranteed debt against the plaintiff's deposited funds, defeating conversion claim.
Banking law – conversion claim against a bank – set-off – collateral guarantee/undertaking – enforceability of a written guarantee as collateral contract – right of bank to refuse payment when entitled to set-off.
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5 March 1993 |
| January 1993 |
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Plaintiff failed to take reasonable care crossing the road; driver not negligent and claim dismissed with costs.
Road traffic — negligence; duty of care of driver and pedestrian; credibility of witnesses; zebra crossing and signage; collision on carriageway; claim dismissed.
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20 January 1993 |
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Application to dissolve interlocutory injunction dismissed; injunction continued due to plaintiff’s lease evidence and defendant’s contempt.
Civil procedure — interlocutory injunction — discharge application under O.29 r.17; Clean hands doctrine; Balance of convenience; Contempt for breach of injunction; Documentary lease evidence.
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15 January 1993 |