|
Citation
|
Judgment date
|
| December 2001 |
|
|
Appeal against armed robbery conviction and eight-year sentence dismissed; alibi not pleaded and evidence was sufficient.
Criminal law – armed robbery – alibi defence and burden of proof – use and weight of co-accused statements under caution – corroborative physical evidence – sentence proportionality for aggravated robbery.
|
21 December 2001 |
|
Court refused transfer under s.75; reprosecution allowed and trial ordered at original Mzuzu venue.
Criminal procedure – Venue and transfer of trial (s.75 CP&EC) – Requirement to show fair and impartial inquiry impossible – Discharge under s.77(1) not a bar to reprosecution – Convenience of accused and witnesses – Security measures versus transfer.
|
11 December 2001 |
|
Employer's seizure of former employee's household goods amounted to conversion; damages to be assessed, costs awarded to applicant.
Conversion – Seizure of former employee's household goods – Ownership and entitlement to possession – Lien and set-off versus wrongful taking – Failure to appear; trial proceeded in absence under Order 35 r.1(2) – Damages to be assessed by Registrar – Costs to plaintiff.
|
10 December 2001 |
|
Adultery inferred from cohabitation justified divorce; custody, maintenance and costs awarded to the petitioner.
Divorce — Adultery — Proof by inference from cohabitation and conduct; standard of proof: balance of probabilities — Collusion/condonation — Jurisdiction: domicile — Custody and maintenance endorsement — Costs follow the event (no limit).
|
5 December 2001 |
|
Both drivers were negligent: defendant for improper parking without warnings, plaintiff’s driver for excessive speed; liability apportioned 50/50.
Road traffic negligence – duty of care of drivers – negligent parking on or near road without warning – contributory negligence by excessive speed and failure to keep proper lookout – apportionment of liability 50:50.
|
3 December 2001 |