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High Court of Malawi Civil Division - 2017 June

4 judgments
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4 judgments
June 2017
Kaunda v Munthali & Another (Civil Cause 59 of 2017) [2017] MWHCCiv 1 (19 June 2017)
19 June 2017
Khunga v National Bank of Malawi (Civil Cause 232 of 2015) [2017] MWHCCiv 5 (19 June 2017)
Applicant’s claim for stolen ATM funds dismissed; applicant’s disclosure of PIN and failure to block card constituted contributory negligence.
  • Banking law — ATM fraud — duty of care to prevent unauthorized withdrawals; contributory negligence for disclosure of PIN; obligation to request card blocking; reasonableness of bank’s investigation (CCTV evidence).
19 June 2017
Munde( Nee Mwalughali) and 7 Others v Kaonga (Misc. Civil Case 120 of 2016) [2017] MWHCCiv 15 (19 June 2017)
Ex parte injunction vacated for nondisclosure and lack of triable issue; dispute better determined by main action; costs to defendant.
  • Injunctions — vacation of ex parte injunction — Order 29 RSC — non-disclosure/material facts — absence of triable issue — alternative remedy by writ of summons — plaintiffs' non-appearance — costs to defendant.
19 June 2017
Ndovie v Mfune and United General Insurance Co. Ltd (Civil Cause 294 of 2015) [2017] MWHCCiv 8 (19 June 2017)
Plaintiff failed to prove driver negligence; deceased's sleeping in the carriageway and evidentiary gaps led to dismissal.
  • Road traffic negligence; duty of care of drivers and pedestrians; contributory negligence where pedestrian sleeps on carriageway; police/medical reports admissible to show existence only; res ipsa loquitur inapplicable.
19 June 2017