Malawi Supreme Court of Appeal - 1989

12 judgments
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Results. 12 judgments found.

12 judgments
November 1989
23 November 1989
Whether an application to amend pleadings, accounting particulars and documentary evidence affected the bank’s counterclaim and liability.
  • Civil procedure — amendment of pleadings — leave to amend after evidence — objections during trial; Banking accounts — counterclaim accounting — effect of further and better particulars and ledger errors; Pleadings — joint versus several liability; Evidence — admissibility and weight of appellant’s cash book (exhibit); Costs — apportionment where appeal partly succeeds.
6 November 1989
Court upheld a conditional interlocutory injunction requiring payment into court and affirmed the judge's discretion on costs.
  • Civil procedure — interlocutory injunction — conditional injunction — payment into court as condition — costs in the cause — judicial discretion — pleadings and interlocutory orders; authority distinguishing final judgment on unpleaded facts.
6 November 1989
May 1989
12 May 1989
12 May 1989
12 May 1989
Employer liable where employees’ charging of the appellant induced six-day police detention; aggravated damages and High Court costs awarded.
  • Torts — False imprisonment — Distinction between giving information and making a charge to police — Employer liability for employees who proffer a charge — Aggravated damages for mala fide conduct — Costs: High Court scale where action substantial.
12 May 1989
April 1989
Application for extension of time to appeal dismissed: six‑month unexplained delay and inadequate affidavit failed statutory requirements.
  • Appeal—extension of time—section 23(2) Supreme Court of Appeal Act—Order 3 r.4—requirement of good and substantial reasons and prima facie meritorious grounds—inordinate six‑month delay—application dismissed with costs.
21 April 1989
March 1989
Appellant's challenge to surety liability fails: refund to contractor was a forbearance within a single-transaction guarantee.
  • Suretyship — construction of bond — contract of guarantee (not insurance) — single-transaction guarantee — refund/clawback as adjustment of original advance — scope of forbearance/forgiveness in bond — surety liability up to bond amount.
20 March 1989
February 1989
14 February 1989
14 February 1989
14 February 1989