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Principal Registry - 1992

4 judgments
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4 judgments
Citation
Judgment date
August 1992
Malawi Railways Limited v Nyasulu (MSCA Civil Appeal 13 of 1992) [1992] MWSC 6 (15 August 1992)
Court granted stay pending appeal due to special circumstances despite respondent's apparent ability to repay; costs awarded to respondent.
Civil procedure — Stay of execution pending appeal — Court's discretion; special circumstances; successful litigant's ability to repay not decisive; large future pension award considered.
 15 August 1992
April 1992
Msemwe t/a Tayambanawo Transport v City Motors Limited (MSCA Civil Appeal 13 of 1989) [1992] MWSC 5 (18 April 1992)
Whether a towing contractor was solely negligent in a recovery tow and proper measure of damages where insurance paid.
Tort—Negligence—Towing and recovery operations; contributory negligence; assessment of damages where insurance proceeds available; proof of funeral and loss-of-use damages; costs on successful appeal.
 18 April 1992
March 1992
K. N Pinto v Press Transport (1975) LTD (MSCA Civil Appeal 26 of 1988) [1992] MWSC 3 (20 March 1992)
Illegality of credit fuel sales defeated respondents’ claim, but appellant denied costs due to partial success.
Contract law – Illegality; Conservation of Motor Fuel Regulations – sale of fuel on credit; sub-contracting and L.P.O. transactions; evidentiary burden on set-off/deductions; costs discretion where success is partial.
 20 March 1992
February 1992
Kasungu Flue Cured Tobacco Authority v Zgambo (MSCA Civil Appeal 8 of 1989) [1992] MWSC 2 (10 February 1992)
Application for directions on repayment of monies recovered under a set‑aside judgment dismissed as an abuse of court process.
Civil procedure — Abuse of process; effect of appellate setting aside of trial judgment on monies recovered; restitution of sums recovered pursuant to an annulled judgment; interaction with Registrar's orders and stays.
 10 February 1992