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All courts - 1981 May

2 judgments
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2 judgments
May 1981
Pendame v Powder (Civil Cause 685 of 1979) [1981] MWHC 1 (30 May 1981)
Whether employer or vehicle owner bears vicarious liability for negligent driving; court finds owner liable as principal/agent.
  • Vicarious liability — respondeat superior — course of employment — owner liability as principal/agent — burden of proof — special damages (repair costs).
30 May 1981
Mwangobola v Mwangobola (Civil Appeal 4 of 1980) [1981] MWNTAC 3 (4 May 1981)
Appellant's challenges failed: a subsisting customary marriage was found, respondent may use husband's name, appeal dismissed with costs.
  • Customary marriage — validity — presumption attached to registered marriage certificate; use of husband's surname during subsistence of marriage; nkhoswe (advocates) requirements at customary law; duress — burden to rebut; jurisdiction to dissolve customary marriage.
4 May 1981