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High Court of Malawi Civil Division - 1994 August

5 judgments
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5 judgments
Citation
Judgment date
August 1994
Fatch v Mthawanji (Administratix) & Anor. (Civil Cause 137 of 1993) [1994] MWHCCiv 34 (26 August 1994)
No binding contract where seller's acceptance was conditional on prompt cheque/loan approval; claim dismissed.
Contract formation — offer and acceptance — conditional acceptance reserved by seller — completion of loan application forms not unconditional acceptance; no contract, no breach.
 26 August 1994
Nyasulu v Securicor Malawi Ltd (Civil Cause 1003 of 1993) [1994] MWHCCiv 27 (26 August 1994)
Claims for false imprisonment, malicious prosecution and salary arrears dismissed where reasonable grounds existed and no malice was proven.
False imprisonment – police decision to arrest – role of informant; Malicious prosecution – requirement of absence of reasonable and probable cause and malice; Payroll discrepancies – evidence of false names and cancelled entries; Employer/employee liability for provision of information to police; Claim for salary arrears – insufficiency of evidence and summary dismissal.
 26 August 1994
Unispares v N.T.S Ltd (Civil Cause 1714 of 1993) [1994] MWHCCiv 39 (18 August 1994)
Whether invoice terms formed part of the contract and whether 2% interest was payable on overdue accounts.
Contract law — incorporation of invoice terms — interpretation of order and invoice as whole — invoiced payment terms — interest on overdue accounts (2%) — costs: each party to bear own costs.
 18 August 1994
Chadewa v The Attorney General (Civil Cause 245 of 1993) [1994] MWHCCiv 1 (9 August 1994)
Compensatory damages for false imprisonment increased by assault, sexual abuse, and denial of food and visits; exemplary damages not pleaded.
False imprisonment — assessment of damages — compensatory damages discretionary and "at large" — aggravating factors: assault, sexual abuse in custody, denial of food and visits — exemplary damages require specific pleading — prison authority knowledge of abuse relevant to quantum.
 9 August 1994
Kassam v SturdyHawk International (Civil Cause 163 of 1993) [1994] MWHCCiv 21 (5 August 1994)
Enlarged time granted; arbitrator’s refusal to give reasons not misconduct; costs award upheld despite equal-costs contract clause.
Arbitration — review of award — limitation and enlargement of time — arbitrator’s refusal to give reasons — costs awarded despite contract clause — Arbitration Act confers discretion and voids contractual ouster of costs rule.
 5 August 1994