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Malawi Supreme Court of Appeal - 2022 March

2 judgments
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2 judgments
March 2022
Brymsons Limited v National Bank of Malawi Limited (Commercial Case 42 of 2013; MSCA Civil Appeal 77 of 2015) [2022] MWSC 4 (31 March 2022)
The applicant's claim against the respondent bank failed because the applicant's conduct facilitated the cheque forgeries.
  • :[
31 March 2022
Nyika Farms Limited v Toyota Malawi Limited (MSCA Civil Appeal 23 of 2016) [2022] MWSC 27 (30 March 2022)
Appellant entitled to remedy for non-delivery: contract enforceable despite unresolved duty-free status; refund with interest and MK10,000,000 damages ordered.
  • Sale of Goods Act — contract of sale versus agreement to sell — specific goods in deliverable state — specific performance as equitable remedy — separation of purchase price and customs duty — damages for non-delivery.
30 March 2022