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All courts - 1987 July

9 judgments
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9 judgments
July 1987
Bazaar v Girach (Civil Cause 246 of 1986) [1987] MWHC 38 (30 July 1987)
30 July 1987
Chupa v Malawi Hotels Limited (Civil Cause 267 of 1986) [1987] MWHC 36 (30 July 1987)
30 July 1987
Mamtora v Blantyre Sports Club (Civil Cause 748 of 1986) [1987] MWHC 32 (30 July 1987)
30 July 1987
Kaliati v Mogra (Civil Cause 265 of 1985) [1987] MWHC 9 (22 July 1987)
Mechanic who removed a client's mill for repair and failed to return it held liable for its K3,500 value.
  • Tort—detention/conversion of goods delivered for repair; proof on balance of probabilities; credibility of documentary evidence; valuation of second-hand machinery for damages.
22 July 1987
Katakwe v City of Blantyre (Civil Cause 579 of 1985) [1987] MWHC 19 (22 July 1987)
Employer lawfully dismissed employee for taking employer property; toolbox claim lacked evidence and also failed.
  • Employment law — wrongful dismissal — theft of employer's property — misconduct — circumstantial and testimonial evidence — weight of written statement — burden on balance of probabilities; claim for employee's toolbox — insufficient evidence of retention by employer.
22 July 1987
Registered Trustees of the central college of commerce v Lundu and 1 other (Civil Cause 145 of 1986) [1987] MWHC 30 (22 July 1987)
22 July 1987
Mlenga v Mlenga (Civil Cause 93 of 1987) [1987] MWHC 23 (13 July 1987)
Decree nisi granted where petitioner proved cruelty causing serious injuries; custody and maintenance adjourned.
  • Family law — Divorce — Cruelty — Standard of proof higher than ordinary civil standard — Cruelty requires injury or reasonable apprehension of injury — Medical evidence supporting allegations of assault — Decree nisi granted — Custody and maintenance adjourned.
13 July 1987
Nasangwe v Nasangwe & Another (Civil Cause 165 of 1985) [1987] MWHCCiv 1 (13 July 1987)
Adultery inferred from cohabitation and opportunity justified dissolution; applicant awarded custody and costs.
  • Family law — Divorce — Adultery — Proof by inference from cohabitation, association and opportunity; condonation and collusion; custody and access; costs.
13 July 1987
White v White (Civil Cause 144 of 1985) [1987] MWHC 20 (2 July 1987)
Whether the respondent’s violent conduct (assaults and forced removal) constituted cruelty justifying dissolution of the marriage.
  • Family law — Divorce — Cruelty — Physical assault and forced removal at night constitute cruelty; standard of proof higher than balance of probabilities; condonation and provocation defences rejected — Decree nisi and costs awarded — Existing custody order to be addressed separately.
2 July 1987