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Principal Registry - 2000 August

4 judgments
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4 judgments
August 2000
Makwelero v Attorney General (Civil Cause 2314 of 1999) [2000] MWHC 62 (28 August 2000)
28 August 2000
Taulo (t/a Makwasa PVT Clinic) v Maulana (Civil Cause 2416 of 2000) [2000] MWHC 40 (24 August 2000)
Interlocutory mandatory injunction refused where contract terms and facts are disputed and damages are adequate.
  • Contract for sale of goods — interlocutory mandatory injunction — high threshold: unusually strong case and high degree of assurance — disputed facts on affidavits — equity/clean hands — specific performance not appropriate — damages adequate.
24 August 2000
Nathvani Trading Co. (PVT) LTD (Civil Cause 2429 of 2000) [2000] MWHC 52 (21 August 2000)
Turquand rule and apparent authority defeated an injunction where a family company failed to observe corporate formalities.
  • Company law — director’s apparent authority — Turquand rule — enforcement of security — interlocutory injunction — non‑compliance with Companies Act formalities.
21 August 2000
Privatisation Commission v Northern Dairies LTD (Civil Cause 242 of 2000) [2000] MWHC 54 (15 August 2000)
Court set aside default judgment against a non-existent company; third party lacked standing under Order 12 but had interest under Practice Note 12/1/11.
  • Civil procedure — Order 12 Rules 6 and 8 — leave to give notice of intention to defend — limited to a defendant; Practice Note 12/1/11 — setting aside default judgments obtained against non-existent companies; locus standi of interested third parties; costs.
15 August 2000