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High Court of Malawi Civil Division - 1996 February

4 judgments
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4 judgments
February 1996
Sadyaluna v MCP (Civil Cause 1945 of 1994) [1996] MWHCCiv 13 (22 February 1996)
Court allowed hearing in counsel's absence and refused late affidavits, directing defendant's counsel to address plaintiff's counsel and inspect the record.
  • Civil procedure — summary judgment on admissions — proceeding in absence of counsel under Order 32 — late affidavits and adducing new evidence — duty of counsel and case management to prevent delay.
22 February 1996
Chisa v The Attorney General (Civil Cause 85 of 1994) [1996] MWHCCiv 3 (21 February 1996)
Judicial review inappropriate where vehicle detention arises from contractual dispute; applicant must pursue ordinary action against respondent.
  • Judicial review — Order 53 — public law versus private law rights — seizure of vehicle under contractual hire/lease — suitability of judicial review where factual disputes exist — conversion to writ proceedings; affidavits to be treated as pleadings.
21 February 1996
Kaisi v The Registered Trustees of Blantyre Adventist Hospital (Civil Cause 439 of 1994) [1996] MWHCCiv 15 (19 February 1996)
Employer held vicariously liable for false imprisonment where police acted on employer's charge without reasonable suspicion; defamation dismissed.
  • Tort — False imprisonment — Arrest effected by police at employer's instance — distinction between giving information and making a charge — vicarious liability of employer; Defamation — whether words were capable of defamatory meaning — expressions of suspicion versus allegations of guilt.
19 February 1996
Civil Cause (Civil Cause 1210 of 1993) [1996] MWHCCiv 26 (15 February 1996)
Plaintiff awarded taxed costs (K24,913.70); court held Bulluck authority permits recovery of taxed bill involving a successful co-defendant.
  • Costs — Taxed costs — Entitlement to recover taxed bill — Effect of successful co-defendant — Bulluck v London General Omnibus Co. authority.
15 February 1996