Principal Registry - 1994 January

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3 judgments

Citation	Judgment date
January 1994
Phiri v Hadebe (Civil Cause 232 of 1993) [1994] MWHC 12 (27 January 1994) An applicant with unclean hands and contested facts cannot obtain an interlocutory mandatory injunction. Interlocutory mandatory injunction — exceptional relief — unclean hands and fraud in procurement — contested facts on affidavit — prohibitory interlocutory injunction as adequate protection.	27 January 1994
Ngosi t/a Mzumbazumba Enterprises v Amosi Transport Company Limited (Civil Cause 508 of 1989) [1994] MWHC 15 (21 January 1994) Taxing master set expense rate, reduced allowances for missing supporting documentation, awarded reasonable hours, and disallowed bill-drawing charge. Taxation of costs – application of Masters Practice Notes 1986 – requirement to lodge vouchers and attendance/time records – discretion to refuse or reduce allowances – setting of expense rate – quantification of care and conduct – disallowance of bill-drawing charge.	21 January 1994
Leopard Development Limited v Gondwe (Civil Cause 750 of 1993) [1994] MWHC 10 (4 January 1994) Application to set aside default judgment dismissed: alleged instalment agreement lacked accord and consideration, no triable issue. Civil procedure — setting aside default judgment — defendant's alleged agreement to accept instalments for existing debt — Foakes v Beer principle; need for accord, consideration or equitable estoppel (Hughes; D & C Builders v Rees).	4 January 1994