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High Court of Malawi Civil Division - 1994 November

4 judgments
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4 judgments
Citation
Judgment date
November 1994
Maulidi v Gausi (Civil Cause 668 of 1994) [1994] MWHCCiv 29 (23 November 1994)
Ex parte garnishee relief denied where funds were conditional deposit-on-sale, not a demonstrable present debt.
Garnishee proceedings – ex parte application – requirement to show garnishee indebted to judgment debtor – conditional deposit-on-sale not equivalent to present debt – applicant’s failure to address material issue fatal to relief.
 23 November 1994
Tea Brokers (Central Africa) Ltd v Bhagat (Civil Cause 39 of 1993) [1994] MWHCCiv 35 (15 November 1994)
Court found recurring trespass from neighbouring construction, awarded repair and use damages, survey costs, injunction and costs.
Property law – Trespass to land by neighbouring construction – Damage to hedge and obscured boundary beacons – Measure of damages: repair/reinstatement costs, diminution in value, compensation for use (wayleave) – Aggravated damages for persistent trespass and disobedience of injunction – Entitlement to surveyor costs to re-locate beacons – Granting of injunction and costs.
 15 November 1994
Chekucheku v Brahman & Anor. (Civil Cause 767 of 1994) [1994] MWHCCiv 13 (8 November 1994)
Plaintiff's dependency award reduced for seasonal, expense-heavy produce trade; court awarded K72,000.
Damages — Loss of dependency — Assessment of earnings for a seasonal produce buyer-reseller — Use of death certificate for multiplier — Deductions for business expenses, tax and personal consumption.
 8 November 1994
Matiasi v Milisi (Civil Cause 1871 of 1994) [1994] MWHCCiv 20 (1 November 1994)
Whether a seizure clause refers to failure to pay any instalment or the whole balance determines legality of early seizure; ambiguous clauses construed against the drafter.
Sale of goods — agreement to sell with reservation of property — construction of seizure clause "If he fails to pay" — contra proferentem — premature seizure before final payment date — rescission of reservation term and treatment as debt.
 1 November 1994