Skip to document content Skip to main menu Skip to search

Principal Registry - 1989

5 judgments
Advanced search

Court registries

  • Principal Registry
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
5 judgments
Citation
Judgment date
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