High Court of Malawi Civil Division - 1995 October

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3 judgments

Citation	Judgment date
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