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All courts - 1988 February

5 judgments
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5 judgments
February 1988
Jelenje v Palma Building Contractors (Firm) (Civil Cause 581 of 1985) [1988] MWHCCiv 2 (25 February 1988)
Plaintiff mitigated loss by promptly arranging repairs; court awards full hire charges to July 1984 due to spare-part delays.
  • Motor-vehicle negligence — damages for hire charges — mitigation of loss — availability and supply of spare parts — evidentiary weight of invoices and contemporaneous correspondence — assessment of quantum.
25 February 1988
Terrazzo and Building Limited v Santos (Civil Cause 88 of 1987) [1988] MWHC 46 (23 February 1988)
23 February 1988
Makonza v Malawi Railways Limited (Civil Cause 264 of 1985) [1988] MWHC 7 (18 February 1988)
Repudiation of a lease entitles claimant to damages, but proved lost profits limited by notice period; nominal damages awarded.
  • Contract — repudiation of lease — notice period limits damages — anticipated profits must be proved — nominal damages when no actual loss established.
18 February 1988
Panjwani & 4 Others v Ami Press (Malawi Limited) (Civil Cause 604 of 1985) [1988] MWHCCiv 1 (17 February 1988)
Clearing agent liable for missing goods; post-contract invoice notice did not incorporate exemption clauses.
  • Agency — liability of clearing and forwarding agent for loss of goods; Incorporation of exclusion clauses — requirement of reasonable prior notice; Burden of proof on party asserting exclusion; Application of Parker, Olley and Spurling principles.
17 February 1988
Laxmidas v Laxmidas (Civil Cause 70 of 1987) [1988] MWHC 23 (11 February 1988)
Marriage solemnized in Malawi is void if the respondent had a prior subsisting marriage; domicile irrelevant.
  • Marriage law — Nullity — Bigamy — Prior subsisting marriage — Jurisdiction under Divorce Act s.2(b) where marriage solemnized in Malawi — Domicile irrelevant to jurisdiction for nullity petitions — Adultery irrelevant where no subsisting marriage.
11 February 1988