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All courts - 1981 February

3 judgments
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3 judgments
February 1981
Kazembe v Kashitigu (Civil Cause 848 of 1979) [1981] MWHC 8 (26 February 1981)
Plaintiff proved oral defamation; defendant's truth defence failed and damages of K2,500 awarded.
  • Defamation — oral publication — actionable per se; defence of truth/justification — burden on defendant — absence of proof; damages for injury to reputation and business; hearing in absence after personal service.
26 February 1981
Messrs Limani Limited v Messrs Limani Limited (Civil Cause 387 of 1979) [1981] MWHC 2 (23 February 1981)
Delay and refusal to deliver essential agricultural items breached an indivisible contract, entitling the buyer to repudiate and recover the deposit.
  • Contract law — mixed written and oral terms — representations as contractual terms; Sale of goods — entire/indivisible contract; time of delivery of essence; fundamental breach entitling repudiation; proof and certainty of damages (loss of profits).
23 February 1981
Gondwe v Lora (Civil Cause 431 of 1979) [1981] MWHC 3 (9 February 1981)
Provocation did not reduce compensatory damages for assault causing permanent hearing loss; plaintiff awarded K4,000 plus costs.
  • Tort — Assault and battery — Damages for physical injury — Provocation as mitigation — Permanent eardrum perforation and partial hearing loss — Compensatory damages not reduced by trivial provocation.
9 February 1981