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Principal Registry - 1989

5 judgments
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5 judgments
November 1989
Maunde v National Bank of Malawi & 2 others (MSCA Civil Appeal 5 of 1985) [1989] MWSC 4 (6 November 1989)
Whether an application to amend pleadings, accounting particulars and documentary evidence affected the bank’s counterclaim and liability.
  • Civil procedure — amendment of pleadings — leave to amend after evidence — objections during trial; Banking accounts — counterclaim accounting — effect of further and better particulars and ledger errors; Pleadings — joint versus several liability; Evidence — admissibility and weight of appellant’s cash book (exhibit); Costs — apportionment where appeal partly succeeds.
6 November 1989
Wiyule Brothers v Stansfield Motors Limited (MSCA Civil Appeal 5 of 1988) [1989] MWSC 5 (6 November 1989)
Court upheld a conditional interlocutory injunction requiring payment into court and affirmed the judge's discretion on costs.
  • Civil procedure — interlocutory injunction — conditional injunction — payment into court as condition — costs in the cause — judicial discretion — pleadings and interlocutory orders; authority distinguishing final judgment on unpleaded facts.
6 November 1989
May 1989
Construction & Development Limited v Munyenyembe (MSCA Civil 29 of 1987) [1989] MWSC 6 (12 May 1989)
12 May 1989
April 1989
Chikadya v Malawi College of Accountancy (MSCA Civil Appeal 4 of 1989) [1989] MWSC 1 (21 April 1989)
Application for extension of time to appeal dismissed: six‑month unexplained delay and inadequate affidavit failed statutory requirements.
  • Appeal—extension of time—section 23(2) Supreme Court of Appeal Act—Order 3 r.4—requirement of good and substantial reasons and prima facie meritorious grounds—inordinate six‑month delay—application dismissed with costs.
21 April 1989
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