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All courts - 1999 October

7 judgments
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7 judgments
October 1999
Mlombwa v Cotam Transport (Civil Cause 1890 of 1996) [1999] MWHC 5 (24 October 1999)
Vehicle conversion established where purchaser failed to prove bona fide title; owner entitled to recovery, damages and costs.
  • Conversion — recovery of chattel — innocent purchaser defence — alteration of identification numbers — proof by manufacturer data and distinctive features; damages for loss of use; dismissal of defamation and revenue claims
24 October 1999
Mhone and 1 other v Kachokam'manja and 1 other (Civil Cause 402 of 1999) [1999] MWHC 17 (18 October 1999)
18 October 1999
Mkandawire and others v Attorney General and 2 others (Civil Cause 2 of 1999) [1999] MWHC 8 (18 October 1999)
Whether an electoral petition under s100 could be informally converted into a s114 appeal; court struck the action off for non‑compliance.
  • Electoral petitions — procedure and jurisdiction; distinction between s100 (48‑hour petition) and s114 (appeal by petition); meaning of “fresh petition” as new action; striking off for want of prosecution; amendment limitations in election petitions.
18 October 1999
Mpombera v Malawi Broadcasting Corporation (Civil Cause 780 of 1999) [1999] MWHC 9 (18 October 1999)
Assessment of damages for personal injury and special damages where defendant did not contest the assessment.
  • Personal injury — assessment of damages after default judgment; special damages require strict proof; quantum for pain and suffering and loss of earnings; effect of defendant's absence at assessment.
18 October 1999
Chiuyauya v Attorney General (Civil Cause 1675 of 1999) [1999] MWHC 14 (14 October 1999)
14 October 1999
Stansfield Motors Limited v Chisiza (Civil Cause 1076 of 1999) [1999] MWHC 10 (14 October 1999)
14 October 1999
Olicana Farms Limited and 1 other v Inde Bank and 1 other (Civil Cause 2669 of 1999) [1999] MWHC 16 (4 October 1999)
4 October 1999