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All courts - 1987 August

5 judgments
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5 judgments
August 1987
Kanyenda v Kidy (Civil Cause 304 of 1986) [1987] MWHC 40 (21 August 1987)
21 August 1987
Kuminga v Lime Industries Limited (Civil Cause 563 of 1985) [1987] MWHC 17 (21 August 1987)
Claim for unpaid lime deliveries and vehicle exchange succeeded; limitation defence rejected and defendant’s counter-claim dismissed.
  • Contract — sale/exchange of goods — delivery of lime in satisfaction of vehicle purchase; admissibility and probative value of company books and employee-signed documents; limitation defence under Limitation Act (six years); counter-claim for advances; witness credibility.
21 August 1987
Stokes v Gator International Marine Limited (Civil Cause 446 of 1985) [1987] MWHC 15 (21 August 1987)
Default judgment granted for unpaid salary and house rent after defendant evaded service and solicitors withdrew.
  • Employment law — unpaid salary and housing allowance; default/unenforced appearance — defendant evading service; withdrawal of counsel; judgment entered in default for claimed amounts.
21 August 1987
Chimanda v Maldeco Fisheries Limited (Civil Cause 564 of 1986) [1987] MWHC 46 (12 August 1987)
12 August 1987
M'manga v Mussa (Civil Cause 438 of 1985) [1987] MWHC 16 (12 August 1987)
An involuntary bailee who reasonably advertises removal of an abandoned vehicle is not liable absent gross negligence.
  • Civil law — Bailment — Involuntary bailee — Liability only for gross negligence or deliberate injury; Contract formation — burden to prove delivery and receipt of parts; Business names/registration — party sued in own right versus trading name; Conversion — must be pleaded and proved.
12 August 1987