Results.
31 judgments found.
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| December 1989 |
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The applicant was admitted to practise under ss.9 and 11A after no objections from the Attorney General or Law Society; admission conditional.
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Admission to legal profession — Legal Education and Legal Practitioners Act ss.9 & 11A — Qualifications and character — No objection from Attorney General or Law Society — Admission granted subject to conditions.
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18 December 1989 |
| November 1989 |
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The applicant's summary dismissal upheld; false imprisonment and malicious prosecution dismissed; only leave pay and sale surplus awarded.
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Employment law — summary dismissal — misconduct consisting of deliberate failure to detect/report fraud — civil standard of proof; False imprisonment — employer liability depends on whether a charge was laid or police acted independently; Malicious prosecution — reasonable and probable cause and absence of malice; Repossession/Conversion — enforcement under loan agreement and entitlement to resale surplus; Remedies — leave pay awarded; costs against plaintiff.
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30 November 1989 |
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Redundancy lawful where contractual notice paid; statutory severance not payable and employer pension contributions nonrefundable.
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Employment law — redundancy/retrenchment — implied terms and retirement age; notice and pay in lieu; statutory severance pay threshold; pension fund rules on refund of employer contributions.
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30 November 1989 |
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23 November 1989 |
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14 November 1989 |
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Whether an application to amend pleadings, accounting particulars and documentary evidence affected the bank’s counterclaim and liability.
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Civil procedure — amendment of pleadings — leave to amend after evidence — objections during trial; Banking accounts — counterclaim accounting — effect of further and better particulars and ledger errors; Pleadings — joint versus several liability; Evidence — admissibility and weight of appellant’s cash book (exhibit); Costs — apportionment where appeal partly succeeds.
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6 November 1989 |
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Court upheld a conditional interlocutory injunction requiring payment into court and affirmed the judge's discretion on costs.
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Civil procedure — interlocutory injunction — conditional injunction — payment into court as condition — costs in the cause — judicial discretion — pleadings and interlocutory orders; authority distinguishing final judgment on unpleaded facts.
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6 November 1989 |
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Interlocutory injunction granted to protect a lessee's asserted leasehold interest where construction risked irreparable harm.
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Interlocutory injunction — American Cyanamid principles — protection of asserted leasehold interest based on accepted offer and payment — irreparable harm — adequacy of damages.
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1 November 1989 |
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Interlocutory injunction granted to preserve plaintiffs' asserted lease and development rights pending trial due to serious question and irreparable harm.
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Interlocutory injunction — American Cyanamid principles — good arguable case — irreparable harm — adequacy of damages — locus to land interest — balance of convenience — costs in the cause.
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1 November 1989 |
| September 1989 |
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Adoption order set aside where customary marriage was invalid and adoptive applicants were not resident in Malawi.
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Adoption law — validity of adoption where applicants not resident in jurisdiction; customary marriage requirements — proposal and lobola; status of father of illegitimate child under Adoption Act; service of petition and procedural compliance.
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7 September 1989 |
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A sponsored player not party to the policy cannot claim 100% disablement when still able to pursue other employment; employer not trustee.
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Insurance law — construction of "total and permanent disablement" — "any employment or occupation" means inability to follow any work; non-party to policy cannot compel insurer; no trusteeship/fiduciary duty arising from sponsorship; insurer’s medical assessment and policy wording decisive.
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6 September 1989 |
| August 1989 |
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Buyer entitled to recover payments and mitigation costs where specially supplied system failed to work and consideration totally failed.
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Sale of goods — contract for specially manufactured goods — implied condition as to fitness for particular purpose — total failure of consideration — recovery of payment and mitigation damages — interest at commercial rate.
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30 August 1989 |
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Plaintiff entitled to refund and damages where supplied bespoke music system failed, invoking implied fitness-for-purpose under Sale of Goods.
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Sale of Goods — contract for manufacture — distinction from contract for work and labour; implied condition of fitness for particular purpose; failure of consideration; mitigation of damages; restitution and commercial interest.
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30 August 1989 |
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Court refused to vacate ex parte injunction preserving estate assets amid triable disputes over administration and ownership.
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Probate/administration — interlocutory ex parte injunction — American Cyanamid test — uberrima fides — triable issues: validity of marriage/divorce, entitlement to letters of administration, ownership of estate assets — balance of convenience — refusal to vacate injunction.
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9 August 1989 |
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Court refused to vacate ex parte interlocutory injunction preserving estate assets where serious issues and real risk of dissipation existed.
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Civil procedure — Interlocutory/ex parte injunction — preservation of status quo — American Cyanamid principles — uberrima fides and disclosure — administration of estate — letters of administration — balance of convenience.
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5 August 1989 |
| July 1989 |
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Conversion of purchased cylinders established; defamation unproven; plaintiff awarded value, costs, and additional compensation.
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Property law — Conversion — Ownership by payment and possession; evidential assessment and demeanour — Damages for conversion: value of goods plus proved special loss; requirement of strict proof for special damages — Defamation claim dismissed for lack of evidence.
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20 July 1989 |
| June 1989 |
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Interim injunction discharged where tenant breached lease and balance of convenience favoured the landlord despite advance rent.
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Civil procedure — interlocutory injunction — discharge — balance of convenience; Tenancy law — landlord's right to determine lease for tenant's breaches; Contract interpretation — ambiguity in termination clause; Advance rent does not bar termination for breach.
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21 June 1989 |
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Divorce granted to the applicant for desertion; court held jurisdiction via respondent's domicile and awarded custody to the applicant.
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Divorce — Desertion established where spouse left country, ceased communication and support for over five years; jurisdiction upheld via domicile of choice and s.2(a) of the Divorce Act; undefended petition scrutinised for collusion; custody awarded to applicant.
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19 June 1989 |
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Petitioner with requisite legal degrees and extensive civil service in intellectual property admitted to the Bar unconditionally.
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Admission to Bar — Legal Education and Legal Practitioners Act s.11(1)(a),(b) — Unconditional admission based on academic qualifications and substantial civil service experience — Law Society and Attorney General no objection — Intellectual property expertise.
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13 June 1989 |
| May 1989 |
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Whether a sponsored trainee was entitled to local salary while abroad and whether the employer could accelerate and recover a car-loan balance.
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Employment law — sponsored overseas training — entitlement to salary while on study abroad; Contract adoption — applicability of government circulars to statutory or corporate employers; Evidence — pension contributions not conclusive proof of salary; Contract law — acceleration clauses and remedies for breach of loan agreements; Set-off and counterclaim for outstanding loan balance.
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17 May 1989 |
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12 May 1989 |
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12 May 1989 |
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12 May 1989 |
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Employer liable where employees’ charging of the appellant induced six-day police detention; aggravated damages and High Court costs awarded.
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Torts — False imprisonment — Distinction between giving information and making a charge to police — Employer liability for employees who proffer a charge — Aggravated damages for mala fide conduct — Costs: High Court scale where action substantial.
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12 May 1989 |
| April 1989 |
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Application for extension of time to appeal dismissed: six‑month unexplained delay and inadequate affidavit failed statutory requirements.
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Appeal—extension of time—section 23(2) Supreme Court of Appeal Act—Order 3 r.4—requirement of good and substantial reasons and prima facie meritorious grounds—inordinate six‑month delay—application dismissed with costs.
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21 April 1989 |
| March 1989 |
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Appellant's challenge to surety liability fails: refund to contractor was a forbearance within a single-transaction guarantee.
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Suretyship — construction of bond — contract of guarantee (not insurance) — single-transaction guarantee — refund/clawback as adjustment of original advance — scope of forbearance/forgiveness in bond — surety liability up to bond amount.
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20 March 1989 |
| February 1989 |
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14 February 1989 |
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14 February 1989 |
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14 February 1989 |
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14 February 1989 |
| January 1989 |
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An admission of negligence without admission of damage does not permit judgment on admissions; damage must be proved or admitted.
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Negligence — admission of liability; Damage as essential element of negligence; Judgment on admissions (Order 27 r.3); Registrar's discretion; Authorities: Munday v LCC; Blundell v Rimmer; Rankine v Garton Sons.
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17 January 1989 |