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Principal Registry - 1996

4 judgments
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4 judgments
December 1996
Manda and 8 Others v Electoral Commission (Civil Cause 2009 of 1996) [1996] MWHC 19 (9 December 1996)
Whether eligible but unregistered voters may obtain interlocutory relief to halt a by-election until registration disputes are adjudicated.
  • Constitutional and electoral law — right to registration and to vote — interlocutory relief — application of American Cyanamid principles — adequacy of damages — balance of convenience in election disputes.
9 December 1996
November 1996
Chimasula v Imperial Timbers Limited (Civil Cause 10 of 1988) [1996] MWHC 18 (20 November 1996)
20 November 1996
February 1996
Jakhora v S.S. Rent-a-Car Private Limited & 2 others (Civil Cause 1210 of 1993) [1996] MWHC 17 (15 February 1996)
Plaintiff entitled to recover taxed costs from a successful co‑defendant; K24,913.70 awarded.
  • Civil procedure — Costs — Taxed costs — Entitlement to recover taxed bill from a successful co-defendant — Authority: Bullock v London General Omnibus Co. (1907) KB 264.
15 February 1996
Tembo v City of Blantyre & National Insurance Company LTD (Civil Cause 1355 of 1994) [1996] MWHC 20 (13 February 1996)
Assessment of personal injury damages, hearsay inadmissibility of medical reports, rejection of vehicle claim due to discharge.
  • Damages for personal injury — distinction between pecuniary and non-pecuniary losses — assessment by comparison and adjustment for local economic conditions; admissibility of medical reports — hearsay unless doctor called; proof required for special damages; discharge as bar to vehicle claim; interest and exemplary damages not recoverable.
13 February 1996