Results.
60 judgments found.
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| March 1988 |
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1 March 1988 |
| February 1988 |
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Plaintiff mitigated loss by promptly arranging repairs; court awards full hire charges to July 1984 due to spare-part delays.
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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.
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25 February 1988 |
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23 February 1988 |
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Repudiation of a lease entitles claimant to damages, but proved lost profits limited by notice period; nominal damages awarded.
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Contract — repudiation of lease — notice period limits damages — anticipated profits must be proved — nominal damages when no actual loss established.
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18 February 1988 |
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Clearing agent liable for missing goods; post-contract invoice notice did not incorporate exemption clauses.
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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.
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17 February 1988 |
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Marriage solemnized in Malawi is void if the respondent had a prior subsisting marriage; domicile irrelevant.
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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.
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11 February 1988 |
| January 1988 |
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29 January 1988 |
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22 January 1988 |
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15 January 1988 |
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The applicant’s request for a private sale of seized assets was dismissed for failure to notify and serve other execution creditors.
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Sheriff’s Act s16 & s18 — sale of seized property — private treaty — requirement to notify and serve other execution creditors — Order 47 r6 RSC — procedural competence — priority of warrants — conflict of interest in appointment of sale agent.
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8 January 1988 |