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Malawi Supreme Court of Appeal - 1989 March

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1 judgment
March 1989
Pearl Assurance Public LTD. CO v Attorney General (MSCA Civil Appeal 15 of 1988) [1989] MWSC 3 (20 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