Malawi Supreme Court of Appeal - 2016 June

3 judgments

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3 judgments
Citation
Judgment date
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
19 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