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High Court of Malawi Civil Division - 1995 October

3 judgments
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3 judgments
October 1995
Msonthe v AG (Civil Cause 1041 of 1994) [1995] MWHCCiv 12 (26 October 1995)
Plaintiff awarded K45,000 for 21-day false imprisonment after defendant withdrew its defence; costs to plaintiff.
  • False imprisonment — assessment of damages — withdrawal of defence and entry of judgment under court rules — comparative awards and currency devaluation — 21 days' detention; police cell conditions; costs awarded to plaintiff.
26 October 1995
Caltex Oil Ltd v Mahomed (Civil Cause 1159 of 1994) [1995] MWHCCiv 10 (24 October 1995)
Affected parties should seek variation or revocation from the issuing court before appealing ex parte orders.
  • Civil procedure — Ex parte orders — Provisional nature and duty of full disclosure — Registrar’s power to grant, vary or set aside ex parte orders — Proper procedure for affected party is to seek reconsideration by issuing court, not immediate appeal — Conditions of stay (sheriff’s fees).
24 October 1995
Kalua v United Printers Ltd (Civil Cause 520 of 1994) [1995] MWHCCiv 17 (5 October 1995)
Default judgment upheldly set aside where the defendant’s proposed defence disclosed arguable issues of non-publication and qualified privilege.
  • Civil procedure — Setting aside default/regular judgment under Order 13 r.9 — Defendant must disclose a defence on the merits; defence need only raise an arguable/triable issue — Libel: denial of publisher/owner status and qualified privilege.
5 October 1995