|
Citation
|
Judgment date
|
| January 1997 |
|
|
Plaintiff owned the car; forfeiture against husband did not vest wife's separately owned vehicle in Government, judgment for conversion entered.
+ Civil procedure — Judgment on admissions (Order 27 Rule 3) — admissions must be clear and unequivocal
+
Forfeiture Act — vesting of property — only vests property of person subject to forfeiture order in Administrator General
+ Property law — Married Women’s Property Act — married woman may have separate property distinct from husband
+ Conversion — sale of property seized under forfeiture where ownership belonged to non-subject person gives cause for damages
|
30 January 1997 |
|
Forfeiture order was unlawful and unconstitutional because the plaintiff was deprived of property without compensation or opportunity to be heard.
Forfeiture law – Ministerial power to forfeit property – Procedural fairness and right to compensation – UN Universal Declaration and constitutional protections – Legal disability under forfeiture and effect on limitation.
|
22 January 1997 |
|
Whether the respondent electricity supplier negligently reconnected power, causing fire and compensable loss.
Tort — Negligence — Duty of care and proximity — Electricity supplier’s liability for fires from arcing and short‑circuiting; res ipsa loquitur applicable where defendant had sole control and offered no adequate explanation
Evidence — Lay eyewitness testimony on sparks/arcing admissible and can be preferred to a weak technical witness
Damages — Recovery for property destruction, house replacement and lost rentals; interest on damages not recoverable under Malawi law
|
16 January 1997 |
|
Conditional surrender invalidated sale; sale without consent amounted to conversion, netting a small judgment after set-off.
Civil law – Conversion of chattels – Repossession versus sale – conditional surrender – set-off of employer’s counterclaim for unpaid advances, insurance and notice pay – assessment of damages and loss of use.
|
8 January 1997 |
|
Political party liable for on-site assault and short-term detention; State vicariously liable for prolonged police custody and malicious prosecution.
Tort — False imprisonment; Assault and battery; Malicious prosecution; Vicarious liability of State for police conduct; Liability of political party for acts of office-bearers; Apportionment of liability between independent tortfeasors; Pleading requirements for special damages.
|
8 January 1997 |