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All courts - 1999 June

4 judgments
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4 judgments
June 1999
Chimenya v Machilika (Civil Cause 1994 of 1996) [1999] MWHC 3 (30 June 1999)
Court finds true purchase price was K155,000, sale failed for non‑payment, awards mesne profits and releases court-held rent.
  • Property law — sale of land — disputed purchase price — proof of contract terms and authenticity of written agreement — allegation of forged/altered agreement — failure to pay balance — consequences: sale failure and award of mesne profits (rent) — release of rent paid into court — administrator rights over estate property
30 June 1999
Kafumba & Ors. v The Electoral Commission & Anor. (Misc. Cause 35 of 1999) [1999] MWHC 2 (9 June 1999)
Preferential live coverage by a public broadcaster breached statutory equal‑treatment obligations; the Electoral Commission was found to have complied.
  • Elections — Access to state media — Equitable treatment of political parties during elections — Communications Act s45(1)(f); Parliamentary and Presidential Elections Act ss58–59; Electoral Commission Act ss8,19,63 — Public broadcaster's preferential live coverage unlawful — Complaint-exhaustion under s76
9 June 1999
Mkwinika v Mkandawire and 1 other (Civil Cause 327 of 1999) [1999] MWHC 15 (9 June 1999)
9 June 1999
Pinheiro v Mvula & Another (Civil Cause 1315 of 1994) [1999] MWHCCiv 1 (1 June 1999)
Plaintiff proved negligence where a learner driver overtook unsafely; vehicle damages awarded but unproven towing costs denied.
  • Motor vehicle negligence — overtaking a stopped minibus — learner driver driving without competent supervision or 'L' plates — burden of proof on plaintiff — special damages must be pleaded and proved.
1 June 1999