Results.
54 judgments found.
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| December 1993 |
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Failure to give statutory notice of dishonour under s48 bars summary judgment on a dishonoured cheque.
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Bills of Exchange Act s48 — notice of dishonour — effect of non‑compliance (drawer discharged); Summary judgment — appropriateness where statutory notice not given; Cheque-as-cash principle distinguished where notice absent.
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31 December 1993 |
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A pleading will not be struck out for imprecision if, read as a whole, it discloses a reasonable cause of action.
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Civil procedure — strike‑out of pleadings — Order 18 r.19 — reasonable cause of action — evidence inadmissible on strike‑out — pleadings must be read as a whole — imprecision not fatal — right to amend — rent/mesne profits arising from holding over.
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30 December 1993 |
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Representative action disallowed where employees have separate contracts; aggregating small claims in High Court is not per se abuse.
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Representative actions — employment law — separate severally-entered contracts — no common interest; Abuse of process — aggregation of small claims in High Court not per se abuse; High Court original jurisdiction; amendment and joinder.
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30 December 1993 |
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Court approved defendant's compromise, ordering K7,200 paid and distributed to the widow, mother and minor children.
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Civil procedure — Minor settlements — Order 80, rules 10 and 11 — Court approval required to protect persons under disability — Assessment of benefit to minors — Quantum based on minimum wage and multiplier — Distribution of settlement funds.
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29 December 1993 |
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Plaintiff awarded K3,000 for pain and suffering from non-permanent soft-tissue injuries; no loss of earnings awarded.
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Personal injury — Soft-tissue injuries, cuts and bruises — No permanent incapacity — Non-pecuniary (general) damages for pain and suffering — No loss of earnings or amenities — Quantum K3,000 — Costs on subordinate court scale.
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21 December 1993 |
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Injured labourer awarded K8,000 for pain and K3,000 for loss of earning capacity due to substantial risk to future employability.
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Personal injury — damages for pain and suffering and loss of amenities — award for amputation and ongoing disability; Damages — loss of earning capacity where plaintiff remains employed — test of substantial (not speculative) risk of diminished employability; Quantification of global award using current earnings and expected working life.
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21 December 1993 |
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Assessment of loss of dependency using multiplier/multiplicand method; no reduction for remarriage absent evidence.
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Damages—loss of dependency; multiplier and multiplicand method; discounting of future annuities; assessment in absence of defendants; remarriage prospect not proved.
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10 December 1993 |
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Non‑compliance with Order 13 r.8 and Order 47 r.1(3) prevents an automatic stay of execution absent extension or compliance.
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Civil procedure — Stay of execution — Order 13 r.8 — Requirement to issue summons within 14 days — Affidavit and full and frank disclosure required by Order 47 r.1(3) — Section 15 Sheriff Act — Extension of time and "unless" order.
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10 December 1993 |
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Mandatory interlocutory injunction granted to recover company car from former employee due to risk of irreparable loss.
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Property/owners’ rights — possession by former employee — fringe benefit — mandatory interlocutory injunction — irreparable harm and balance of convenience — vehicle recovery (registration GH 335 F3).
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1 December 1993 |
| November 1993 |
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Plaintiff entitled to recover substitute hire charges as consequential loss despite third‑party arrangements or hirer’s licensing defects.
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Negligence — consequential loss — recovery of substitute vehicle hire charges; evidential sufficiency of hire arrangements; third‑party payments and reimbursements — gratuitous payments not deductible; enforceable third‑party obligations recoverable.
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29 November 1993 |
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Summary judgment on dishonoured cheques dismissed because notice of dishonour was not pleaded; defendant granted unconditional leave to defend.
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Bills of Exchange — dishonour — notice of dishonour required to establish cause of action; Order 14 summary judgment — affidavit must verify claim and address existence of defence; defective statement of claim precludes summary judgment; unconditional leave to defend.
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19 November 1993 |
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Default judgment set aside where defendant disclosed triable issues despite irregularity and procedural lapses.
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Civil procedure — setting aside default judgment — irregular/premature entry of judgment — Order 13 r 9 — affidavit of merits/triable issues — defendant need not always explain default — discretion exercised despite procedural lapses.
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17 November 1993 |
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Whether a defendant’s prima facie triable defence justifies setting aside a regular default judgment.
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Civil procedure — setting aside default judgment — service by post (Order 3 r.2) — notice of intention to defend — statement of claim not required for liquidated claim — triable issues/defence (rejection of goods, mitigation/resale) — discretion to allow defence.
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15 November 1993 |
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Default judgment awarding unpaid allowance, conversion and defamation damages totalling K2,800 to the plaintiff.
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Employment law — unpaid professional allowance; Conversion of goods (break-in and removal) vs trespass — cannot double recover; Defamation — damage to credit and reputation; Default judgment and assessment of damages.
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13 November 1993 |
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Registrar validly granted an ex parte conditional stay of execution under Order 47(1) despite an existing instalment order.
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Civil procedure — Stay of execution — Order 47 r.1 — Registrar's jurisdiction to grant ex parte stays and impose conditions — Payment by instalments — Distinction from section 11(c)(x) applications.
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12 November 1993 |
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Summary judgment refused where defence amounted to confession and avoidance, not a clear admission of liability.
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Civil procedure — Summary judgment under Order 27 r.3 — Admissions in defence — Requirement of plain and unambiguous admission — Confession and avoidance — Pleadings to be read as a whole.
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11 November 1993 |
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Summary judgment on dishonoured cheques dismissed for failure to plead notice of dishonour as required by the Bills of Exchange Act.
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Civil procedure — Summary judgment (Order 14) — Bills of exchange/cheques — Requirement to plead notice of dishonour under s.48 of the Bills of Exchange Act — Failure to plead notice means no cause of action; summary judgment dismissed.
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2 November 1993 |
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A direct claim against an insurer fails where the policy and statute exclude employee injuries arising in the course of employment; action dismissed as abuse of process.
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Road Traffic Act s65A(1) — direct action against insurer; policy exclusions and s62A — employee injuries arising in course of employment excluded from cover; Order 80 r11 — court approval of settlements for persons under disability (not for disapproval); abuse of process — striking out proceedings.
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2 November 1993 |
| October 1993 |
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Plaintiff awarded damages for severe workplace injuries: substantial compensation for pain, loss of amenities and reduced earnings; special damages denied.
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Personal injury — assessment of damages — general damages for pain and suffering and loss of amenities — calculation of loss of earnings using multiplier/multiplicand and working life to 55 — award of unpleaded past/future earnings loss — unproved special damages dismissed.
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29 October 1993 |
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Summary possession under Order 113 inappropriate where factual disputes or estate interests require a trial.
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Possession proceedings — Order 113 originating summons — dispute of fact on occupation/licence of predecessor in title — potential proprietary interest via deceased owner's estate — summary procedure inappropriate — convert to writ under Order 28 r 8.
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27 October 1993 |
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Whether the defendant's affidavit disclosed factual grounds for a defence sufficient to set aside a default judgment.
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Civil procedure — setting aside default judgment — affidavit of merit required — allegations must raise facts from which a defence or triable issue can be inferred; Appropriation/approbation — application for instalments does not necessarily constitute approbation; Defence of payment — must be supported by evidence in affidavit; Court may allow supplementary affidavit where initial affidavit is deficient.
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25 October 1993 |
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Whether a passenger may sue an insurer directly under s65A when the policy excludes passenger liability.
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Road Traffic Act s65A — direct action against insurer; privity of contract; policy exclusions for passengers; statutory requirements (s61) for cover.
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19 October 1993 |
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Stay of execution refused because respondent’s assets meant a successful appeal would not be nugatory.
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Civil procedure — Stay of execution pending appeal — Whether appeal will be nugatory — Court’s discretion to protect successful litigant’s entitlement — Payment into court as protective condition.
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14 October 1993 |
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Court awarded K13,780 for loss of dependency under s.7, allocated among the widow, five children and a sister-in-law.
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Wrongful death — Loss of dependency under s.7 Statute Law (Miscellaneous Provisions) Act — Quantum based on deceased’s net salary and agreed dependency fraction — Default judgment enforcement — Distribution of award among widow and dependents.
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6 October 1993 |
| September 1993 |
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Non-compliance with prescribed originating summons form and service requirements warrants dismissal; plaintiff may refile correctly.
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Civil procedure — Originating summons — Non-compliance with Orders 7 and 28 — Prescribed form and acknowledgement of service required — Court will not restore defective pleadings — Dismissal with costs; liberty to refile.
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24 September 1993 |
| August 1993 |
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Court refused to discharge interlocutory injunction where defendant had notice but no inter partes hearing and irreparable harm risk existed.
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Interlocutory injunction — ex parte v inter partes — notice and absence of hearing — discharge of injunction under Order 29/1/17 RSC — preservation of status quo — irreparable harm — disputes of fact not resolvable on affidavits.
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27 August 1993 |
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Enforcement adjourned; sale of debtor’s house refused pending taxation of plaintiff’s bill of costs and resolution of set‑off.
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Civil procedure — execution and stay — payment by instalments — set‑off where opposing party has un‑taxed bill of costs — taxation of costs before enforcement — sale of debtor’s property — fairness in interim enforcement orders.
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26 August 1993 |
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A non‑defendant firm lacked locus standi to set aside a default judgment against a limited company; proper remedy was notice of claim or intervention.
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Civil procedure — Default judgment — Locus standi of third parties to apply to set aside — Order 13 Rule 9 — Inherent jurisdiction to prevent substantial injustice — Wrongful seizure of third‑party goods; notice of claim and intervention remedies.
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24 August 1993 |
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Interim injunction granted where employee's licence to occupy employer-provided house ended on resignation and damages inadequate.
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Interim injunctions — American Cyanamid principles — licence to occupy employer-provided housing — termination of licence on resignation — balance of convenience — Registered Land Act inapplicability.
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6 August 1993 |
| July 1993 |
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Court granted a stay to enforce an arbitration clause; time limits can be extended under the Arbitration Act.
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Arbitration clause — stay of proceedings — arbitral award as condition precedent — correspondence construed as settlement attempts not refusal to appoint arbitrator — court’s power to extend arbitration time under s.14(2) Arbitration Act — readiness to arbitrate justifies stay.
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29 July 1993 |
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Employer liable for inadequate machine guarding; plaintiff partly negligent; damages reduced by 25%.
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Employer's duty of care — machinery guarding — inadequate guard leaving gap between chain and conveyor — contributory negligence by employee — apportionment of liability — damages for amputation.
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16 July 1993 |
| June 1993 |
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Lessor lawfully repossessed a leased vehicle; applicant’s post‑seizure duplicate documents constituted fraud, so injunction dismissed.
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Property law — lease‑hire — lessor’s proprietary interest and endorsement on registration book; Repossession — lawful seizure by agent on lessor’s instruction; Fraud on the court — post‑seizure duplicate registration and false documents; Interim injunction — discharge where relief procured by fraud.
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18 June 1993 |
| May 1993 |
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The applicant awarded substantial damages for serious, permanent injuries caused by the respondent's negligent driving.
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Motor-vehicle negligence — Assessment of damages — Personal injuries — Serious and permanent injury — Closed head injury and open fracture with deformity — Application of restitutio in integrum and reliance on comparable awards — Default defendants absent at quantum assessment.
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31 May 1993 |
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Failure to obtain required ministerial consent rendered the local authority’s contract illegal, barring the contractor’s recovery.
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Public law / procurement — Local Government (Urban Areas) Act — statutory tender requirements — ministerial consent for accepting non‑lowest tender — failure to obtain consent renders award and contract illegal and void ab initio — innocent contractor cannot recover under illegal contract.
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27 May 1993 |
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A nationally broadcast false allegation that the plaintiff stole money was defamatory per se; K300,000 awarded; exemplary damages considered.
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Defamation — slander actionable per se — nationwide broadcast — aggravating factors (plaintiff’s high reputation, extent of publication, political motive, lack of apology) — exemplary damages — Rookes v. Barnard considered but Malawian courts retain broader discretion — compensatory award K300,000
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26 May 1993 |
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Court awarded compensatory and, where justified, exemplary damages for prolonged false imprisonment and destruction of property by public officers.
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Civil liability — False imprisonment and trespass to land and goods; exemplary (punitive) damages versus aggravated (compensatory) damages; assessment of quantum; misconduct by public officers; deterrence and punishment.
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19 May 1993 |
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Arbitrary police arrest and detention without lawful cause attract discretionary general and exemplary damages.
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False imprisonment — assessment of damages — discretionary nature of awards for loss of liberty and injury to feelings — exemplary damages against public officers for arbitrary arrest and delay in release after court order.
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19 May 1993 |
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Interlocutory injunction discharged where equity showed respondent might be unjustly enriched and substantive issues were for trial.
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Interim injunctions — vacation/discharge — equitable principles — bills of exchange — remittance and exchange control — alleged fraud and unjust enrichment — interlocutory discretion.
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19 May 1993 |
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Summary judgment refused where authenticity of minutes, authorization of directors’ remuneration and tax-evasion allegations raised triable issues.
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Civil procedure — Summary judgment (Order 14 r.3(1)) — Genuine triable issues of fact — Authenticity of minutes — Directors’ remuneration and authorization — Alleged tax-avoidance entries — Counterclaim treated as defence — Discovery and trial directions.
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18 May 1993 |
| April 1993 |
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Application to set aside interlocutory default judgment granted due to unfairness from procedural irregularity and waiver by the respondent.
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Civil procedure — setting aside interlocutory default judgment — extension of time for challenge to ex parte orders — change of legal representation — waiver of irregularity — requirement to show meritorious defence.
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29 April 1993 |
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Section 65A permits a claimant to sue an insurer directly without first proving the insured's liability.
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Road Traffic Act s65A — statutory right of third party to sue insurer directly — interpretation of "any person having a claim" — distinction from UK Third Parties (Rights against Insurers) Act 1930 — non-joinder not fatal; pleadings must disclose cause of action.
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27 April 1993 |
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Summary judgment for most of claim; defendant may contest a disputed invoice only if that sum is paid into court.
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Civil procedure — Order 14 summary judgment — defendant may raise bona fide defences despite offering to pay by instalments or issuing post‑dated cheques; quotation error and alleged poor workmanship can constitute triable issues; conditional leave to defend subject to payment into court.
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13 April 1993 |
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Administrators must account and distribute the intestate estate; pension death benefits to nominated beneficiaries are excluded and prior disbursements are offsets.
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Succession and intestate distribution — administrators' duty to account — pension death benefits nominated to beneficiaries — characterization of death benefits as not part of estate — fair distribution under Wills and Inheritance Act — advances treated as offsets against shares.
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8 April 1993 |
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Default judgment set aside due to excessive endorsed costs and unliquidated tortious claim; defendant to serve defence within fourteen days.
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Civil procedure — Default judgment — Notice of intention to defend — duty to lodge notice with court; process‑server employed by plaintiff insufficient; irregularity where endorsed costs exceed statutory fourteen‑day costs; tortious claim for inducing breach yields unliquidated damages and cannot support final default judgment; setting aside default judgment where real disputes and accounting enquiries exist.
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6 April 1993 |
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Whether an insurer can be struck off where passenger cover is non‑compulsory turns on the actual policy terms, not section 62 alone.
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Road Traffic Act — section 62/62A — compulsory third‑party insurance excludes passenger cover for vehicles not habitually carrying passengers for hire or reward; scope of insurer liability depends on policy terms; strike‑out inappropriate where policy not produced; contributions by passengers do not alone establish hire or reward.
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5 April 1993 |
| March 1993 |
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A Registrar has no jurisdiction to decide a statutory High Court-to-subordinate-court transfer; the matter must go to a Judge.
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Courts Act — Registrar’s jurisdiction — Transfer of proceedings to subordinate courts — Application under statute — Order 107 (UK practice) not applicable without enabling Malawi legislation — Section 29 and High Court practice — summons remitted to Judge.
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24 March 1993 |
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Defendant negligent in turning across plaintiffs’ lane; contributory negligence not available when unpleaded; employer-paid non‑contributory medical costs not recoverable.
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Road traffic — negligence — duty to keep proper lookout before turning — right of way of following motorists — contributory negligence must be pleaded — non-recoverability of employer-paid non‑contributory medical expenses as special damages.
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19 March 1993 |
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A bank may set off depositor funds where the depositor gave a written guarantee for a third party's debt.
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Banking law — payment to third party — funds deposited for remittance; Guarantee/suretyship — collateral contract in writing — Statute of Frauds; Right of set‑off — bank’s entitlement to apply deposited funds against guaranteed debt.
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5 March 1993 |
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Occupant in possession may sue in trespass; default motion under Order 19 r7(9) grants injunction and nominal damages.
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Property law — Trespass — Possession and right to sue — Occupant under licence may sue in trespass; Civil procedure — Default judgment under Order 19 r7(9) — Injunction; Damages — Nominal damages for trespass absent actual loss.
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5 March 1993 |
| February 1993 |
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Police unlawfully cancelled a lawful political rally permission, breaching equal-treatment regulations and freedom of association.
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Public law — administrative action — cancellation of permission for political rally — Regulation 34 (Referendum Regulations) — equal treatment of special interest groups — freedom of political association — declaratory relief under Order 15.
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23 February 1993 |