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All courts - 1981 November

2 judgments
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2 judgments
November 1981
Mamtora v Mphamba and 1 other (Civil Cause 42 of 1979) [1981] MWHC 7 (25 November 1981)
Lease expired by effluxion of time; no new tenancy proved and acceptance of payments did not create one; possession and mesne profits awarded.
  • Landlord and tenant — expiry of fixed-term lease by effluxion of time — whether correspondence and acceptance of arrears create new tenancy or waive notice to quit — burden of proof for arrears.
25 November 1981
Notcutt (overseas) Limited v Nakanga & 2 others (MSCA Civil Appeal 8 of 1981) [1981] MWSC 1 (3 November 1981)
An insurance broker is the insured's agent, not the insurer's; third-party notice set aside and parties bear their own costs.
  • Agency — Insurance broker — Whether broker is agent of insurer or insured — Broker is agent of insured; third-party notice set aside — Costs: each party to pay own where successful point not raised below.
3 November 1981