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Principal Registry - 2001 February

2 judgments
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2 judgments
February 2001
Chikoko Trading LTD v Farming & Trading Co. and three Others (Civil Cause 3178 of 2000) [2001] MWHC 77 (22 February 2001)
An interim administrator lacked authority to sue in the company’s name; injunction obtained without mandate was discharged.
  • Company law — separate juristic personality; authority to sue rests with directors (Article 63, Companies Act); interim administrator’s powers limited until registration; ratification of unauthorised acts; interlocutory injunction — discharge where obtained without mandate or where material change in circumstances; procedural remedies (stay/dismissal) versus discharge.
22 February 2001
Katundu Haulage LTD v Attorney General (Civil Cause 2615 of 2000) [2001] MWHC 79 (18 February 2001)
A rehearing on appeal is confined to evidence before the Registrar; new affidavit disallowed and damages confirmed subject to tax deduction.
  • Civil procedure — Appeals from Registrar under Order 58 — scope of "rehearing"; Evidence — admissibility of additional evidence on appeal; Evidence — sufficiency of petty cash vouchers, invoices and quotations versus receipts; Assessment of damages — loss of use/loss of earnings must account for tax liability.
18 February 2001