Malawi Supreme Court of Appeal - 1989 November

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3 judgments

Citation	Judgment date
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