Results.
739 judgments found.
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| September 2009 |
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Writ limits claims to general damages; lender breached by failing to disburse full loan, plaintiff awarded general damages net K56,370.
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Contract law — loan agreement — disbursement in installments — reasonable time for full disbursement; pleadings — Writ limits recovery; special damages inconsistent with amended Writ fall away; retention of security documents — no implied term to release where lender breached; counterclaim for repayment of partial advance dismissed.
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25 September 2009 |
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Silence after contractual probation can amount to tacit confirmation; employer cannot unilaterally vary terms or demote without consent.
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Employment law — probation and confirmation — tacit confirmation where employer silent after contractual probation; employer cannot unilaterally extend probation or vary contract terms — right to be heard and fair labour practices (Constitution ss31, 43) — entitlement to post-probation benefits.
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11 September 2009 |
| August 2009 |
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13 August 2009 |
| May 2009 |
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Court dismissed the divorce petition for want of prosecution due to inordinate delay and lack of proof of service; interlocutory applications dismissed too.
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Family law — Divorce — Delay and want of prosecution — Validity and service of originating petition — Interlocutory applications dependent on main action — Transfer to Magistrates’ Court; jurisdictional limits (s.39(2)(e) Courts Act) — Dismissal includes ancillary applications — Costs: each party to bear own costs.
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6 May 2009 |
| March 2009 |
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Custody to the mother and failure to fulfill chikamwini duties justified awarding household effects and the three-door house to the plaintiff.
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Matrimonial property — Division after dissolution — Award of household effects to custodian parent; chikamwini (matrilineal) customary obligation to build wife a house — failure to build affects division; sale of matrimonial chattels during pending proceedings.
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13 March 2009 |
| January 2009 |
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Court refused interim injunction and stay preventing the Electoral Commission enforcing revised nomination fees, leaving judicial review to proceed.
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Electoral law — Power to fix nomination deposits — Judicial review and interlocutory injunction — American Cyanamid principles — Public interest in preserving electoral calendar — No statutory duty to consult.
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16 January 2009 |
| June 2008 |
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Summary judgment entered where defendant’s general denial was unsupported; unpaid hospital fees, collection charges and interest awarded.
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Civil procedure — Summary judgment (Order 14) — Requirements: notice of intention to defend, service of statement of claim, supporting affidavit verifying facts and stating no defense — Documentary evidence (invoices, statements, payment receipts, identification of responsible person) — General denial insufficient to raise triable issue — Judgment for unpaid hospital fees with collection charges and interest.
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18 June 2008 |
| April 2008 |
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25 April 2008 |
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Default judgment set aside where defendant disclosed a real prospect of defence that the debt was incurred personally, not by the company.
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Civil procedure — Setting aside default judgment — Order 13 Rule 9 — affidavit of merits required for regular judgments — defence showing debt was personal, not that of company.
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24 April 2008 |
| March 2007 |
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Contract for sale of goods: plaintiff supplied goods to specification; defendant's quality complaint not proved, plaintiff awarded unpaid price and loss of profits.
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Contract for sale of goods — description and specifications — interpretation of proforma invoice and order; burden of proof on quality complaint; commercial testing (SGS/South African Wheat Board) v. Malawi Bureau of Standards; breach/repudiation for non-payment; damages for unpaid price and loss of profits; counterclaim dismissed
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16 March 2007 |
| October 2006 |
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Interlocutory injunction restraining termination of a statutory chief officer refused for lack of a good arguable case and because damages suffice.
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Interlocutory injunction; employment contract vs judicial review; American Cyanamid principles; doctrine of necessity; adequacy of damages.
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30 October 2006 |
| February 2006 |
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14 February 2006 |
| October 2005 |
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A predominantly labour dispute should generally be transferred to the Industrial Relations Court after case-by-case assessment.
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Jurisdiction — High Court v Industrial Relations Court — transfer of labour disputes; Labour Relations Act s64; case-by-case guidelines for transfer; ancillary non-labour claims do not preclude transfer.
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25 October 2005 |
| May 2005 |
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Buyer entitled to refund of deposit with agreed 50% interest for seller’s prolonged non-delivery of contracted PABX.
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Sale of goods — sale by description and implied conditions; non-delivery and remedies — refund for total failure of consideration; frustration — defence rejected where supplier’s conduct shows procurement and promises; interest on deposit at agreed contractual rate; nominal damages where consequential loss not proved.
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30 May 2005 |
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Conversion to writ disallowed where fraud was alleged from the outset; application dismissed for inordinate delay and non‑prosecution.
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Civil procedure — Originating summons v writ — Order 28 r 8 RSC — Conversion to writ only where fraud arises during proceedings; fraud pleaded at outset precludes conversion — Delay and failure to prosecute — dismissal and costs.
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18 May 2005 |
| April 2005 |
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Buyer’s claim for non-delivery fails where contract was conditional on USG availability and non-delivery was excused by force majeure.
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Contract law — conditional sale agreement — delivery contingent on third party (US Government) availability — force majeure and frustration invoked by administrative/market interference — unsuccessful variation/negotiation does not constitute binding rescission.
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26 April 2005 |
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Plaintiff awarded 15% collection costs where sworn affidavit showed part payment occurred after service and claim was duly pleaded.
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Civil procedure — debt recovery — entitlement to collection costs under Legal Practitioners (Scale and Minimum Charges) Rules — affidavit evidence on date of part payment preferred to unsworn oral submissions — pleading of collection costs.
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12 April 2005 |
| March 2005 |
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Summary judgment refused where triable issues exist on whether defendant was legally liable as agent despite disclosed principals.
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Civil procedure — Summary judgment (Order 14) — Leave to defend where real or substantial question to be tried — Agency — whether defendant was agent at law or only commercial agent — effect of disclosed principal — prior course of dealing and implied liability.
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1 March 2005 |
| February 2005 |
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A taxation review must be conducted by the taxing officer; the applicant failed to comply with Order 62 procedural requirements.
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Civil procedure — taxation of costs — Order 62 RSC (rules 33 and 34) — review of taxing officer’s decision — jurisdiction to review — procedural requirement to file and serve written objections.
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17 February 2005 |
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The respondent held liable for assault and battery by its employee; damages to be assessed by the Registrar.
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Tort — Assault and battery by security guard — Credibility findings — Employer liability for agent’s wrongful act — Assessment of damages — Evidentiary weight of visitor register and witness consistency.
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16 February 2005 |
| December 2004 |
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Respondent not liable where applicant voluntarily operated dangerous machinery contrary to warnings and assignment.
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Negligence — duty of care — foreseeability of harm — breach — safety signage and established safe practice — unauthorized deviation from assigned task — claimant's sole/primary fault.
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31 December 2004 |
| October 2004 |
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Plaintiff failed to prove employer negligence and relied on unpleaded allegations; claim dismissed with costs.
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Employer liability — negligence alleged for failure to repair machine, provide safer methods or protective measures; variance between pleadings and evidence; court will not decide on unpleaded issues; causation and operator conduct in machinery accidents.
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22 October 2004 |
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18 October 2004 |
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Court allowed defective affidavit, found no willful default on discovery, and declined to strike out the defence with costs to plaintiff.
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Civil procedure — Specific discovery — Discovery of documents evidencing remittance of funds — Admissibility of defective supporting affidavit (power of attorney not exhibited) — Court’s discretion to admit affidavit — Interlocutory inquiry limited to whether produced documents fall within ordered class — Disputed factual issues to be resolved at trial — No willful default; application to strike out defence dismissed.
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6 October 2004 |
| August 2004 |
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31 August 2004 |
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The plaintiff is entitled to compound interest at 1% above bank rate on the unpaid judgment balance from February 2004.
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Judgment interest — instalment agreements as waiver of immediate payment — entitlement to compound interest at 1% above bank lending rate (Zgambo v KFCTA) — interest period from default of instalments.
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27 August 2004 |
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Default judgment set aside where defendant’s affidavit and proposed defence showed a prima facie real prospect of success.
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Civil procedure — Default judgment — Order 19 r.9 — Setting aside regularly entered default judgment requires affidavit evidence of a defence on the merits with a real prospect of success; contractual compliance as prima facie defence to wrongful termination; constitutional and ILO challenges reserved for trial.
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27 August 2004 |
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A defendant who satisfies a default judgment cannot later set it aside to avoid sheriff fees.
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Civil procedure — default judgment — attenuated statement of claim — sufficiency of particulars where defendant knows details — Order 6 r 2(1) Rules of Supreme Court; setting aside judgment — effect of satisfaction of judgment; approbation and reprobation; liability for sheriff fees and costs.
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26 August 2004 |
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Action struck out because the plaintiff’s counsel lacked a practising licence; counsel ordered to pay costs.
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Civil procedure — striking out proceedings commenced by an unlicensed legal practitioner — uncontested application — undertaking to discontinue — solicitor to bear costs to be taxed.
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26 August 2004 |
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Dismissal for alleged corruption without disciplinary hearing breached the Employment Act and contractual natural justice; compensation and costs awarded.
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Employment law — unfair dismissal — burden on employer to justify dismissal — natural justice — requirement to issue disciplinary memorandum and afford hearing — procedural bias — compensation as remedy.
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26 August 2004 |
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The plaintiff was unfairly dismissed where redundancy was not genuine; awarded unpaid terminal benefits only.
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Employment law — Unfair dismissal — Redundancy must be genuine — Burden on employer to prove reason for dismissal — Remedies: compensation for unpaid terminal benefits — Interest discretionary — Collection charges awarded.
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18 August 2004 |
| July 2004 |
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Where a consent order is silent on default, execution is limited to the instalment in default; full-judgment execution is irregular.
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Execution — Seizure — writ of fieri facias — instalment orders — Section 7 Sheriff's Act — irregular execution for whole judgment where only one instalment defaulted — reimbursement of sheriff's fees — costs to defendant.
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29 July 2004 |
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A consent judgment can only be challenged by a fresh action; filing an originating motion within the same cause was improper.
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Civil procedure — Consent judgment finality — Setting aside consent judgment requires a fresh action — Distinction between originating process commencing an action and a motion within an existing cause — Importance of correct party designation and new cause number.
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21 July 2004 |
| May 2004 |
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Defilement conviction upheld on one count; child testimony and nurse's medical report accepted; four-year sentence confirmed with delayed commencement adjustment.
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Criminal law — Defilement — Child complainants' evidence and corroboration; admissibility of medical reports by nurses/midwives; appellate review of credibility findings; sentence review; effect of delayed judgment.
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14 May 2004 |
| March 2004 |
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Application for expedited election hearing adjourned for failure to effect adequate service; presidential immunity to be argued next.
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Constitutional/election petition — service requirements for inter partes hearing — substituted service — adequacy of service — preliminary objection of presidential immunity — adjournment — costs in the cause.
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27 March 2004 |
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Adjournment for proper service; important issue of presidential immunity reserved for full argument.
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Constitutional law; election petitions under s100 Parliamentary and Presidential Elections Act; service of process; interlocutory procedure; presidential immunity from suit; expedited hearing requirements.
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27 March 2004 |
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An action on dishonoured cheques succeeds despite a resale-condition defence; seized items must be returned and costs awarded to the plaintiff.
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Negotiable instruments — Dishonoured cheques — Right of action accrues upon dishonour and notice; Defence of conditional payment (resale) not available in action on cheque; Counterclaim dismissed for no evidence; Return of seized property ordered; Costs to defendant.
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1 March 2004 |
| February 2004 |
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Summary judgment granted where plaintiff proved unpaid invoices and the defendant failed to establish a bona fide defence.
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Civil procedure — Summary judgment (Order 14 r 1) — proof by invoices and purchase orders — defendant’s denial without affidavit — no bona fide defence — interest and costs awarded.
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27 February 2004 |
| January 2004 |
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Stay refused; summary judgment granted for repayment where defendant offered only unsupported stay application and a bare general denial.
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Civil procedure — Summary judgment — Defendant’s general denial treated as sham under Order 7(16); summary judgment granted. Civil/criminal interface — Stay refused where no evidence of overlapping complainants, no chargesheet produced, and civil relief (repayment) lies outside magistrate jurisdiction
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Costs — party-and-party only; no collection or contingency counsel fees
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24 January 2004 |
| December 2003 |
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Court continued attachment order where plaintiff sold preserved vehicle in bad faith and ordered consolidation and costs to defendants.
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Attachment/preservation orders — ex parte orders and abuse of process — sale of preserved property — bad faith conduct — consolidation of related proceedings — costs awarded.
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30 December 2003 |
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Whether a party may withdraw from a fixed-term employment agreement before commencement where the other party’s conduct amounts to anticipatory breach.
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Contract law — fixed-term employment agreement — pre-commencement withdrawal — anticipatory breach/repudiatory conduct — objective test — remedies; insufficient evidence for counterclaim.
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30 December 2003 |
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Fine alone inadequate for wildlife trafficking; imprisonment imposed despite statutory ambiguity and first-offender status.
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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).
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28 December 2003 |
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The applicant successfully set aside a default judgment entered against the wrong party without proper service.
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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.
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4 December 2003 |
| November 2003 |
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Ex parte injunction and leave for review discharged: ACB lacks capacity to be sued; non-disclosure and wrong party sued.
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28 November 2003 |
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Unpleaded trial evidence of a stationary vehicle cannot be used to establish contributory negligence; defendant held vicariously liable.
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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.
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21 November 2003 |
| October 2003 |
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A defendant may set aside a default injunction judgment by showing a meritorious defence and that the plaintiff lacks clean hands.
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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.
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31 October 2003 |
| July 2003 |
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A resigned director cannot continue as managing director or occupy company offices; injunction and possession ordered.
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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.
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8 July 2003 |
| June 2003 |
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Garnishee proceedings cannot attach government funds under s.10 of the Civil Procedure Act; garnishee orders discharged.
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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.
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3 June 2003 |
| February 2003 |
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Default judgment set aside as irregular; defendant granted leave to defend on payment of MK60,005 into court.
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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.
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23 February 2003 |
| November 2002 |
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Court continued interlocutory injunction pending determination, rejecting defendants' contention that internal remedies precluded court relief.
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Civil procedure — interlocutory injunction — ex parte order — alleged non-disclosure of material facts — discretion to continue injunction; Party disputes — internal remedies v. access to courts — exhaustion not an absolute bar to originating proceedings seeking declaratory relief; Natural justice — alleged breach in disciplinary proceedings; Balance of convenience — irreparable harm vs. delay.
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14 November 2002 |