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Malawi Supreme Court of Appeal - 1989 November

3 judgments
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3 judgments
November 1989
Kayambo v Kayambo (MSCA Civil Appeal 8 of 1985) [1989] MWSC 7 (23 November 1989)
23 November 1989
Maunde v National Bank of Malawi & 2 others (MSCA Civil Appeal 5 of 1985) [1989] MWSC 4 (6 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
Wiyule Brothers v Stansfield Motors Limited (MSCA Civil Appeal 5 of 1988) [1989] MWSC 5 (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