Skip to document content Skip to main menu Skip to search

High Court of Malawi Civil Division - 1993

54 judgments
Advanced search

Court registries

All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
54 judgments
Citation
Judgment date
February 1993
Lilongwe City Council v Mahomed t/a [Price Slashers (Civil Cause 193 of 1993) [1993] MWHCCiv 38 (3 February 1993)
Default judgment set aside where absence of affidavit of service and triable defence justified relief for the applicant.
Civil procedure – setting aside default judgment – service of summons by post – absence of affidavit of service – bona fide defence and triable issues – stay of execution.
 3 February 1993
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