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High Court of Malawi Civil Division - 1988

2 judgments
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2 judgments
February 1988
Jelenje v Palma Building Contractors (Firm) (Civil Cause 581 of 1985) [1988] MWHCCiv 2 (25 February 1988)
Plaintiff mitigated loss by promptly arranging repairs; court awards full hire charges to July 1984 due to spare-part delays.
  • Motor-vehicle negligence — damages for hire charges — mitigation of loss — availability and supply of spare parts — evidentiary weight of invoices and contemporaneous correspondence — assessment of quantum.
25 February 1988
Panjwani & 4 Others v Ami Press (Malawi Limited) (Civil Cause 604 of 1985) [1988] MWHCCiv 1 (17 February 1988)
Clearing agent liable for missing goods; post-contract invoice notice did not incorporate exemption clauses.
  • Agency — liability of clearing and forwarding agent for loss of goods; Incorporation of exclusion clauses — requirement of reasonable prior notice; Burden of proof on party asserting exclusion; Application of Parker, Olley and Spurling principles.
17 February 1988