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High Court of Malawi Civil Division - 1996 April

2 judgments
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2 judgments
April 1996
Lanner Exports (PTY) Ltd v City Motors Ltd (Civil Cause 872 of 1994) [1996] MWHCCiv 17 (23 April 1996)
Summary judgment refused due to genuine disputes on interest, timing, contract divisibility and payment acceptance.
  • Civil procedure — summary judgment — genuine disputes of fact — agreement on interest on overdue payments — time of the essence — divisible contract — legal effect of counsel accepting payment and remitting bank draft; remedy against carrier for late arrival of goods.
23 April 1996
Norse Interantional Ltd v Malawi Housing Corporation (Civil Cause 1474 of 1994) [1996] MWHCCiv 1 (3 April 1996)
Contractor entitled to contractual interest; bank charges not recoverable and payment into local account limited remedies.
  • Contract construction — entitlement to interest on overdue payments; recoverability of bank charges and deductions; payment into wrong account — effect on entitlement; applicability of arbitration clause.
3 April 1996