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High Court of Malawi Civil Division - 1993 January

3 judgments
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3 judgments
January 1993
Chitungu v Chitusi (Civil Cause 601 of 1992) [1993] MWHCCiv 40 (19 January 1993)
Seizing owners' goods to recoup an employee's shortage amounted to conversion; plaintiffs awarded damages and costs.
  • Conversion of chattels; trespass to goods — possession requirement; seizure to satisfy employee shortage constitutes conversion; burden to prove special damages.
19 January 1993
Jalakasi & 2 Ors. v Adam (Civil Cause 1318 of 1992) [1993] MWHCCiv 30 (15 January 1993)
Defendant's continued occupation, contempt and failure to plead defeated his application to dissolve a plaintiff's interlocutory injunction.
  • Civil procedure — interlocutory injunction — discharge application — disputed title and possession — effect of contempts and failure to file defence — clean hands doctrine.
15 January 1993
Zangazanga v Old Mutual Malawi Ltd (Civil Cause 18 of 1993) [1993] MWHCCiv 18 (1 January 1993)
Service by post to the correct letterbox presumes valid service, but a bona fide set-off defence creates a triable issue to set aside default judgment.
  • Civil procedure — Default judgment — Service by post and presumption of service — Set-off as defence (Order 18 R.17; Judicature Act 1873) — Applicability to master‑servant claims — Triable issue justifying setting aside default judgment.
1 January 1993