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All courts - 1988 October

5 judgments
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5 judgments
October 1988
Unango Estates Limited & Chigamba v Michael (MSCA Civil Appeal 10 of 1985) [1988] MWSC 10 (28 October 1988)
A receiver's letter lifted receivership and directors/shareholders may sue unless appointment instrument expressly strips that power.
  • Company law — Receivership — Effect of receiver’s letter — Whether receivership was terminated; Locus standi — Directors/shareholders’ right to sue despite out-of-court receiver; Receiver appointed out of court — powers depend on instrument of appointment; application of M'dinde Estate precedent.
28 October 1988
In the matter of Ortac Aviation Limited (Civil Cause 262 of 1988) [1988] MWHC 30 (13 October 1988)
Applicant withdrew petition; court awarded costs to respondent, finding ambiguity in creditor's instalment terms was creditor's fault.
  • Civil procedure — withdrawal of petition — costs follow the event; Contract/creditor correspondence — ambiguity in payment terms attributable to creditor; Costs awarded to respondent.
13 October 1988
Mawere and 1 other v Mukadam and 1 other (Civil Cause 230 of 1987) [1988] MWHC 45 (13 October 1988)
13 October 1988
Mtemadanga Farm Limited v Agricultural Development & Marketing Corporation (MSCA Civil Appeal 25 of 1988) [1988] MWSC 11 (13 October 1988)
Applicant failed to satisfy a consent-order condition to the respondent's satisfaction; injunction dismissed as frivolous and intended to delay.
  • Civil procedure — interlocutory injunction — compliance with consent order requiring evidence "to the satisfaction" of defendant; bank statements and funding assurances; reasonableness of irrevocable bank instructions; frivolous and vexatious applications; discretion to refuse interlocutory relief.
13 October 1988
Sheriff of Malawi v Press Produce Limited (MSCA Civil Appeal 3 of 1987) [1988] MWSC 9 (3 October 1988)
Validity of Courts Act amendment of sheriff's fees and prohibiting ordering sheriff to pay costs absent bad faith.
  • Courts Act s32(2) — Courts Act (Schedule)(Replacement) Notice 1977 — Sheriffs Act ss47–48 — General Interpretation Act s21(a) (deeming of subsidiary legislation) — validity of amendment to sheriff's fees — sheriff's liability for costs under Sheriffs Act s45 (requires bad faith).
3 October 1988