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Malawi Supreme Court of Appeal - 2016 June

3 judgments
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3 judgments
June 2016
Mike Appel & Gatto Limited v Chilima (MSCA Civil Appeal No. 30 of 2014) [2016] MWSC 138 (22 June 2016)
An out‑of‑court e‑mail admitting a 'factory fault' was admissible and supported judgment on admission against the seller.
  • Evidence — admissibility of out-of-address e-mail; confidentiality notice not automatic privilege; judgment on admission — requirement of clear and unequivocal admission; Sale of Goods — implied conditions of fitness for purpose and merchantable quality; Agent liability — seller liable despite disclosed principal; Order 16 discretion to admit relevant evidence
22 June 2016
Nkhalamba v Nkhalamba (MSCA Civil Appeal No. 32 of 2016) [2016] MWSC 129 (19 June 2016)
19 June 2016
Chiponda v Chilumbu (MSCA Civil Appeal No. 49 of 2015) [2016] MWSC 131 (3 June 2016)
Failure to file skeletons or delayed record alone did not justify dismissal; appellant must file skeletons 14 days after filing notice of appeal.
  • Practice Direction No.1 of 2010 — paragraph 1(a)(i): appellant must file skeleton arguments within 14 days of filing the notice of appeal; Supreme Court of Appeal Rules — Order 3 (appeal brought by filing notice of appeal; record filing and registry duties); preparation of record — appellant responsible subject to High Court supervision and registrar duties; dismissal for want of prosecution — principles (inordinate/inexcusable delay, prejudice, contumelious default); delay shared among parties and registry — dismissal refused; timetable and costs ordered.
3 June 2016