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High Court of Malawi Civil Division - 1994 May

4 judgments
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4 judgments
Citation
Judgment date
May 1994
The National Consultative Council v AG (Civil Cause 958 of 1994) [1994] MWHCCiv 36 (23 May 1994)
Court refused to set aside declaration challenging police roadblocks, reserving constitutional questions on Police Act s.22(1) for trial.
Constitutional supremacy — Police Act s.22(1) — roadblocks and searches — scope and constitutionality; balance between national security/public order and individual rights; ex parte relief under Order 29; interlocutory refusal to set aside declaration.
 23 May 1994
Kasangu & 8 Others v Lever Brothers Ltd (Civil Cause 115 of 1992) [1994] MWHCCiv 14 (13 May 1994)
Manufacturer owes duty of care to consumers, but plaintiffs failed to prove negligence or causation from contaminated margarine.
Tort — Negligence — Manufacturer's duty to consumer (Donoghue v Stevenson) — Contaminated food — Res ipsa loquitur — Causation — Standard of proof (balance of probabilities).
 13 May 1994
Kubwalo v Blantyre Printing & Publishing Co. Ltd (Civil Cause 340 of 1993) [1994] MWHCCiv 7 (11 May 1994)
A binding lease was found by conduct despite no signed contract; claimant awarded damages for repudiation including contractors' costs and rent difference.
Contract formation — 'subject to formal contract' — conduct and part performance can establish binding agreement; Repudiation; Damages for wasted expenditure and consequential rental loss.
 11 May 1994
Zodetsa & 3 Others v Council for the University of Malawi (Civil Cause 681 of 1994) [1994] MWHCCiv 18 (3 May 1994)
Whether student suspensions were void for breach of natural justice and defective, biased disciplinary committee composition.
Judicial review – procedural fairness – natural justice – failure to give notice of charges – defective composition of disciplinary committee – apparent bias by committee members – university student suspensions quashed and applicants reinstated.
 3 May 1994