Results.
10 judgments found.
|
|
|
| December 2003 |
|
|
Court continued attachment order where plaintiff sold preserved vehicle in bad faith and ordered consolidation and costs to defendants.
-
Attachment/preservation orders — ex parte orders and abuse of process — sale of preserved property — bad faith conduct — consolidation of related proceedings — costs awarded.
|
30 December 2003 |
|
Whether a party may withdraw from a fixed-term employment agreement before commencement where the other party’s conduct amounts to anticipatory breach.
-
Contract law — fixed-term employment agreement — pre-commencement withdrawal — anticipatory breach/repudiatory conduct — objective test — remedies; insufficient evidence for counterclaim.
|
30 December 2003 |
|
Fine alone inadequate for wildlife trafficking; imprisonment imposed despite statutory ambiguity and first-offender status.
-
Wildlife law — National Parks and Wildlife Act s.110 — ambiguity in prescribed fine; penal statutes strictly construed; sentencing — first offenders (s.340 Criminal Procedure) — fine versus imprisonment; seriousness and public interest in wildlife trafficking; aggravating conduct (resistance, syndicate activity).
|
28 December 2003 |
|
The applicant successfully set aside a default judgment entered against the wrong party without proper service.
-
Civil procedure — Default judgment — Irregular judgment where originating process not served on correct legal entity — Misnomer versus amendment — Ex debito justicie relief — Insufficiency of poorly labelled exhibits to prove prior payments.
|
4 December 2003 |
| November 2003 |
|
|
Ex parte injunction and leave for review discharged: ACB lacks capacity to be sued; non-disclosure and wrong party sued.
|
28 November 2003 |
|
Unpleaded trial evidence of a stationary vehicle cannot be used to establish contributory negligence; defendant held vicariously liable.
-
Negligence — duty of care — breach causing personal injury; Contributory negligence — requirement that facts supporting the defence be pleaded; Pleadings — admissibility of evidence first raised at trial; Vicarious liability — employer liable for servant's negligence; Remittal for assessment of damages.
|
21 November 2003 |
| October 2003 |
|
|
A defendant may set aside a default injunction judgment by showing a meritorious defence and that the plaintiff lacks clean hands.
-
Civil procedure — setting aside default judgment (Order 19 r 9) — defendant must show bona fide defence on the merits (Farden v Richter) — equitable relief and clean hands doctrine — dispensing with service of defence — costs where judgment regularly entered.
|
31 October 2003 |
| July 2003 |
|
|
A resigned director cannot continue as managing director or occupy company offices; injunction and possession ordered.
-
Company law — resignation of director — effect of written resignation — Managing Director must be a director; corporate groups — legal test for group/subsidiary relationship; tenancy at will and wrongful occupation of company premises; injunctions to restrain former director from holding himself out and interfering with management; mesne profits assessed where market rental not adduced; corporate veil not lifted where no impropriety shown.
|
8 July 2003 |
| June 2003 |
|
|
Garnishee proceedings cannot attach government funds under s.10 of the Civil Procedure Act; garnishee orders discharged.
-
Garnishee proceedings — government funds — section 10 Civil Procedure Act prohibits injunctions/specific performance against government — Orders 49 and 77 RSC and Crown Proceedings Act 1947 inapplicable to Malawi — High Court precedent binding.
|
3 June 2003 |
| February 2003 |
|
|
Default judgment set aside as irregular; defendant granted leave to defend on payment of MK60,005 into court.
-
Civil procedure — Default judgment — Irregularity where special damages not liquidated — Setting aside default judgment — Meritorious defence and leave to defend — Procedural non-compliance and supplementary affidavit — Terms for setting aside.
|
23 February 2003 |