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Malawi Supreme Court of Appeal - 2000 April

2 judgments
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2 judgments
April 2000
Bauman Hinde And Co Ltd v David Whitehead and Son Ltd (MSCA Civil Appeal 17 of 1998) [2000] MWSC 1 (16 April 2000)
Registration of a UK arbitration award upheld because arbitrators validly had jurisdiction under a concluded contract.
  • Arbitration — Registration of foreign arbitration awards — British and Commonwealth Judgments Act — Enforcement under Arbitration Act (ss.27, 37, 38) — Jurisdiction of arbitrators — Existence of contract determined by documentary evidence
16 April 2000
R v Zgambo (MSCA Criminal Appeal 20 of 1999) [2000] MWSC 2 (16 April 2000)
Procedural defects in treating a witness as hostile and some misdirection on caution statements were noted, but conviction upheld on credible eyewitness evidence.
  • Criminal procedure — hostile witness application — necessity of laying foundation and showing prior statement; Criminal evidence — caution/confession statements — exculpatory statements not evidence of asserted facts but admissible as evidence of making and reaction; Corroboration — no general requirement where single credible eyewitness evidence suffices; Appeal — review of jury verdicts
16 April 2000