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High Court of Malawi Civil Division - 1994 April

3 judgments
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3 judgments
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Judgment date
April 1994
Mkandawire v Malawi Congress Party (Civil Cause 51 of 1993) [1994] MWHCCiv 40 (29 April 1994)
Court set aside interlocutory default judgment due to change of counsel and irregularity, imposing conditions to protect the plaintiff.
Civil procedure – Setting aside interlocutory default judgment – Change of legal practitioner and failure to receive court documents – Waiver of irregularity – Extension of seven‑day rule in presence of good cause – Conditions when granting relief (defence, payment into court, costs).
 29 April 1994
Sayani t/a Sayani Stationery Supplies v Mission for Evangelical Training and Development (Civil Cause 316 of 1993) [1994] MWHCCiv 5 (26 April 1994)
Summary judgment refused where documentary exhibits did not establish the claimed debt and the defence raised a triable issue.
Civil procedure — Summary judgment — Applicability of Order 14 r 1 after directions for trial — Interlocutory applications under Order 25 r 7(3) — Requirement that exhibits establish the claimed debt — Defence not a sham where documents do not admit the claimed sum.
 26 April 1994
Singini v R (Criminal Appeal 17 of 1993) [1994] MWHCCiv 30 (25 April 1994)
Conviction for theft set aside where property remained under employment custody and confession was unreliably relied upon.
Criminal law — Theft — Elements of theft require property to belong to another; possession by virtue of employment may negate theft unless prosecution proves otherwise — Reliance on untested or suggestive confession unsafe for conviction.
 25 April 1994