Skip to document content Skip to main menu Skip to search

High Court of Malawi Civil Division - 1993 March

4 judgments
Advanced search
Skip past Court registries
Skip past years
Skip past months
Filters
Skip to results
4 judgments
March 1993
Manyozo v Mchawa (Civil Cause 371 of 1992) [1993] MWHCCiv 35 (24 March 1993)
A Registrar has no jurisdiction to decide a statutory High Court-to-subordinate-court transfer; the matter must go to a Judge.
  • 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.
24 March 1993
Mtambo & Anor. v Whitehead (Civil Cause 319 of 1992) [1993] MWHCCiv 36 (19 March 1993)
Defendant negligent in turning across plaintiffs’ lane; contributory negligence not available when unpleaded; employer-paid non‑contributory medical costs not recoverable.
  • 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.
19 March 1993
International Marketing Services Private Ltd v National Bank of Malawi (Civil Cause 252 of 1987) [1993] MWHCCiv 13 (5 March 1993)
A bank may set off depositor funds where the depositor gave a written guarantee for a third party's debt.
  • 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.
5 March 1993
Lambat v Jamieson (Civil Cause 413 of 1992) [1993] MWHCCiv 32 (5 March 1993)
Occupant in possession may sue in trespass; default motion under Order 19 r7(9) grants injunction and nominal damages.
  • 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.
5 March 1993