Results.
73 judgments found.
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| December 1992 |
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Claim for unpaid goods dismissed where plaintiff failed to prove delivery due to missing delivery notes and unreliable secondary evidence.
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Sale of goods — goods sold and delivered — burden of proof of delivery — missing delivery notes and secondary evidence — credibility of witness with history of irregularities — passing of property and risk — estoppel from denying debt.
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30 December 1992 |
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Informing police of suspected counterfeit currency and asking for investigation does not by itself constitute false imprisonment by the informant.
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Police/informant — communication of suspicion to police — distinction between making a charge or ordering arrest and merely inviting investigation — false imprisonment — requirement that informant procures or commands arrest to be liable.
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24 December 1992 |
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Summary judgment under Order 14 requires prior service of a statement of claim; absence of service warrants dismissal of the application.
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Procedural law — summary judgment — Order 14 rule 1 — requirement of service of statement of claim before application; service of defence does not cure omission; summary judgment as departure from trial procedure; affidavit verification under Order 14 rule 2.
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16 December 1992 |
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Court refused default judgment for late-filed defence and ordered defendant to pay costs for the delay.
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Civil procedure — summons for judgment — late service of defence — discretion to consider late pleadings — refusal to enter default judgment — costs awarded for delay
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15 December 1992 |
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A court may consider a defence served late without leave rather than enter default judgment, but may award costs for the delay.
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Civil procedure — Default/judgment in default — Late service of defence — Court’s discretion to consider defence served out of time — Award of costs for delay; authorities: Gill v Woodfin; Gibbings v Strong.
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15 December 1992 |
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The Supreme Court of Appeal has no jurisdiction to review its own delivered judgment except under the narrow "slip rule" or pre-perfection practice.
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Civil procedure — Judicial review — Whether a Court of Appeal may review its own judgment — Order 53(3) excludes Court of Appeal — slip rule and Rule 29 (practice of Court of Appeal in England) — powers of review are statutory.
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11 December 1992 |
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8 December 1992 |
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8 December 1992 |
| November 1992 |
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Applicant injured using unguarded grinder; court found he assumed the risk as independent contractor; claim dismissed.
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Tort/Negligence — employment status — independent contractor v. employee — safety of machinery — angle-grinder guard removed — volenti non fit injuria — statutory duty under Factories Act (ss.23, 49) — availability of safety equipment.
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25 November 1992 |
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Independent contractor who removed a grinder safety guard assumed risk; respondent not liable under statute or common law.']
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25 November 1992 |
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18 November 1992 |
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Assessment of damages for severe childhood injuries; parents' shock claims not proved; awards granted for pain, future earnings and special expenses.
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Negligence — assessment of damages for severe personal injury; proof required for psychiatric shock claims by relatives; capitalisation of future loss of earnings for a child; refusal to award future medical expenses or loss of expectation of life without specific medical proof; modest awards for disfigurement and proved special damages.
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11 November 1992 |
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The plaintiff was unlawfully arrested by a private person as a 'hostage'; aggravated damages and costs were awarded.
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Tort — False imprisonment — Arrest by private person — Reasonable grounds for arrest under section 33 Criminal Procedure and Evidence Code — Accessory after the fact — Aggravated damages — Police detention without formal complaint — Liability and costs.
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10 November 1992 |
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Section 8 limited to statutory-duty suits; judgment-creditor must issue Petition of Right certificate to the Treasury Secretary to seek satisfaction.
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Civil Procedure (Suits by or against the Government) Act s8 — narrow application to decrees arising from statutory/public duties; Execution against Government — Courts Act s29 and Rules of the Supreme Court (Order 77 r15) prohibit warrants of execution; Petition of Right Act 1860 s13 — certificate procedure and service on Secretary to the Treasury for satisfaction of judgments against the Crown.
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7 November 1992 |
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Plaintiff failed to prove wrongful detention, missing cartons, or paid bond charges; claim dismissed with costs.
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Shipping and warehousing liability — wrongful detention and loss of imported goods — burden of proof on claimant; failure to produce buyer and receipts; missing goods while at Customs not attributable to warehouse operator.
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6 November 1992 |
| October 1992 |
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Employer liable for false imprisonment and trespass; employee entitled to salary to suspension but summary dismissal justified on balance of probabilities.
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Employment law — suspension and pay — Clause 19 interpreted as applying to Police arrest only; dismissal — summary dismissal justified on balance of probabilities; Tort — false imprisonment where employer's servants make charge leading to detention; Trespass — unauthorised removal of property; Damages awarded.
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16 October 1992 |
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Default judgment set aside where service was irregular due to a misaddressed envelope opened only after judgment.
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Civil procedure — Service by post — Misaddressed envelope — Default judgment — Whether service was valid — Setting aside irregular judgment — No inference of prior opening from mere retention of envelope.
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15 October 1992 |
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Default judgment set aside because postal service was invalid due to wrong addressee.
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Civil procedure — service by post — incorrect addressee on envelope — validity of service — default judgment — irregularity — setting aside judgment; costs awarded to respondent.
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15 October 1992 |
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Valid sale conveyed title; respondent failed to prove constructive trust, adverse title or seller's insanity.
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Land law — sale and conveyance — constructive/resulting trust — occupation and tenancy at will — adverse possession/prescription — capacity to contract (insanity) — mesne profits.
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15 October 1992 |
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Whether the respondent admitted liability for interest and whether a binding agreement on interest was formed.
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Contract formation — offer and acceptance — conduct as acceptance — admission to indebtedness — retraction of offer — standard of proof for admissions — costs awarded up to stage of payment.
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1 October 1992 |
| September 1992 |
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Court refused relief to executors absent grant of probate where defendants contested executors' title to land.
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Civil procedure — Executor's right to sue before grant of probate — Production of probate as protection of third‑party interests — Court may stay or refuse substantive relief until probate obtained where defendants assert competing title.
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8 September 1992 |
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Relief to executors was refused and proceedings stayed because probate had not yet been granted and occupier asserted independent title.
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Probate — Executors' right to sue derives from the will but substantive relief is generally not granted before grant of probate; proceedings stayed pending probate; possession claims by occupiers asserting independent title considered.
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8 September 1992 |
| August 1992 |
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The accused's conviction was quashed because the charge invoked the wrong statute and a non‑cognate offence cannot be substituted.
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Criminal law — Incorrect statutory charge — Importation of used clothing — Control of Goods (Import and Export)(Commerce) Order — Substitution of uncharged offence under s.150 Criminal Procedure and Evidence Code — requirement of being minor and cognate.
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31 August 1992 |
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Court granted stay of execution pending appeal due to special circumstances despite likelihood respondent could repay damages.
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Civil procedure — Stay of execution pending appeal — Discretionary relief — Balance between protecting successful litigant's judgment and preserving right to appeal — Special circumstances and probability of inability to repay as factors — Large awards representing future pension benefits.
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18 August 1992 |
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Court granted stay pending appeal due to special circumstances despite respondent's apparent ability to repay; costs awarded to respondent.
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Civil procedure — Stay of execution pending appeal — Court's discretion; special circumstances; successful litigant's ability to repay not decisive; large future pension award considered.
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15 August 1992 |
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12 August 1992 |
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Whether a mortgagee may realize a judgment debt by sale (not foreclosure) and how post-judgment interest and offsets are calculated.
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Mortgage law — default judgment crystallizes debt — judgment interest rate controls post-judgment accrual — treatment of mortgagor’s fixed deposit and right to offset — foreclosure vs. sale to realize judgment debt — possession to enable sale.
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12 August 1992 |
| July 1992 |
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Unreasonable delay in paying the balance barred specific performance of a land sale; contract existed but was repudiated.
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Contract law — formation and acceptance — waiver of time limit; Statute of Frauds — written memorandum for sale of land; breach and unreasonable delay in payment of purchase price; time made of the essence by notice; equitable relief — specific performance refused where claimant did not come to equity with clean hands; restitution of monies paid under abortive contract.
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22 July 1992 |
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An admission of negligence alone cannot support interlocutory judgment absent an admission of injury; amendment to defence allowed.
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Civil procedure — Amendment of defence — Admission of negligence — Admission of injury required to establish liability for interlocutory judgment — Prior application dismissed for want of prosecution.
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15 July 1992 |
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The High Court upheld the accused's theft-by-servant conviction, deferring to the magistrate's credibility findings and confirming the sentence.
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Criminal law — Theft by servant; factual findings and credibility assessments — appellate deference to magistrate's advantage of seeing and hearing witnesses — confirmation of conviction and sentence.
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10 July 1992 |
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1 July 1992 |
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Employer liable for three days' false imprisonment; dismissal justified but not retrospective, awarding salary and damages.
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Employment law — wrongful dismissal — retrospective dismissal not permitted; False imprisonment — employer’s agent laying charge and delivering employees to police creates employer liability for unlawful deprivation of liberty; Remedies — damages for loss of liberty and for salary/benefits for period of wrongful dismissal.
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1 July 1992 |
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Legal Aid Department held liable for professional negligence and breach of contract after failing to pursue a timely personal injury claim.
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Legal Aid Act s.7(2) — solicitor–client relationship; professional negligence by public legal aid provider; breach of contract; limitation/statute-barred claims; damages where special losses not strictly proved.
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1 July 1992 |
| June 1992 |
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Whether High Court costs are appropriate where award fell below subordinate jurisdiction but assessment was by High Court and defendant did not seek transfer.
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Civil procedure — costs scale — interpretation of "amount in dispute" under Courts Act ss.31 and 39 — discretion under s.31(2) — effect of consent to High Court assessment and failure to seek transfer — High Court costs awarded where award uncertain and defendant acquiesced.
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30 June 1992 |
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26 June 1992 |
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Court refused stay pending appeal, finding the respondent’s assets sufficient to secure repayment and rejecting speculative risks.
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Civil procedure — Stay of execution pending appeal — evidentiary burden to show risk of judgment becoming nugatory — sufficiency of assets — alternative of payment into court — balancing respondent’s right to enforcement and appellant’s right to appeal.
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25 June 1992 |
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Whether the defendant lawfully dismissed the plaintiff for theft and whether suspension without pay entitled the plaintiff to back pay.
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Employment law — wrongful dismissal and summary dismissal under Malawi Public Service Regulations (Book Three); proof by confession and witness identification; verbal suspension; entitlement to pay during unlawful suspension; remedy and costs.
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19 June 1992 |
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Following bus driver's negligence caused rear-end collision; plaintiff recovered proved repair costs but not loss of profit or general damages.
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Negligence — motor vehicle collision — duty of care: lookout, speed and stopping — rear-end collision by following bus — evidential burden on balance of probabilities; damages — special damages require documentary proof; loss of profit and general damages require adequate, corroborated evidence; counterclaim dismissed.
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16 June 1992 |
| May 1992 |
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Interlocutory injunction refused where the writ lacked an injunction claim and damages were an adequate remedy.
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Civil procedure — interlocutory injunction — requirement to endorse writ with claim for injunction — American Cyanamid test — adequacy of damages — performance bond: insurance v. guarantee — security by charge.
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25 May 1992 |
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Application for interlocutory injunction dismissed due to defective pleadings and adequacy of damages; interim injunction extended pending appeal.
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Civil procedure — interlocutory injunction — endorsement required where injunction is substantial object of action — adequacy of damages — American Cyanamid principles — whether bond is insurance or guarantee reserved for trial.
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25 May 1992 |
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Defendant’s excessive speed and failure to give room caused collision; plaintiff awarded proven repair costs, loss of use and costs.
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Motor-vehicle negligence — duty of care — excessive speed and failure to give way — contributory negligence — proof and assessment of special damages — award for loss of use.
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21 May 1992 |
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Assessment of damages for loss of vision and earning capacity—court awards K25,000 adjusted to local context.
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Damages — assessment for loss of vision in one eye — non-pecuniary damages (pain and suffering, loss of amenities) — loss of earning capacity — local precedents primary; foreign awards advisory.
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16 May 1992 |
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Solicitors who account clearly for sale proceeds are not liable for negligence absent gross negligence and causal loss.
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Professional negligence — solicitors' duty — standard of reasonable competence and diligence — requirement of duty, breach and causation — gross negligence threshold for liability; accounting to client — effect of providing clear account of sale proceeds on liability; causation of legal costs.
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15 May 1992 |
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Service abroad without court leave is an irregularity; court set aside service and subsequent default judgment.
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Civil procedure — Service abroad — Leave required where defendant resides outside jurisdiction (Hague Convention considerations) — Failure to obtain leave is irregular not void — Application to set aside service and default judgment — Court discretion and international comity; Practice Direction endorsement requirement.
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15 May 1992 |
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Court awards plaintiff K20,000 for amputation: K10,000 for pain and K10,000 for loss of earning capacity.
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Personal injury — Medical negligence — Over-tight plaster causing ischaemia and amputation — Quantum of damages — Non-pecuniary loss (pain and loss of amenities) — Loss of earning capacity for a child — Assessment of speculative future earnings — Comparative and precedential guidance.
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13 May 1992 |
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5 May 1992 |
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Oral repair promises incorporated into a partly written lease can justify refund of advance rent when repairs remain undone.
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Lease — Parol evidence rule — Partly written and partly oral contract — Oral promise to repair as condition precedent to occupation — Refund of advance rent — Counterclaim for unpaid rent dismissed.
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1 May 1992 |
| April 1992 |
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Whether a towing contractor was solely negligent in a recovery tow and proper measure of damages where insurance paid.
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Tort—Negligence—Towing and recovery operations; contributory negligence; assessment of damages where insurance proceeds available; proof of funeral and loss-of-use damages; costs on successful appeal.
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18 April 1992 |
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Registrar lacked jurisdiction to dismiss action; joinder rule cannot cure absence of a non-existent party.
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Civil procedure — Order 15 Rule 6 (joinder/amendment of parties) — cannot cure absence of a party non-existent at time of cause; Civil procedure — Order 18 Rule 19 (dismissal) — registrar lacks jurisdiction to hear dismissal application where matter is before a Judge and partly heard; striking out for wrong party.
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16 April 1992 |
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Interim ex parte injunction granted to restrain alleged trespass and encroachment pending filing of a writ.
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Civil procedure — interim (ex parte) injunction — urgency and existence of strong grounds required; Land law — trespass and encroachment — interlocutory relief pending suit; Conditions on interim relief — filing deadline, liberty to apply, costs reserved.
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15 April 1992 |