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All courts - 1999 August

7 judgments
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7 judgments
August 1999
Finance Bank of Malawi v Hanks and 3 others (Civil Cause 108 of 1999) [1999] MWHC 27 (30 August 1999)
30 August 1999
Ganiza v Manthalo and 1 other (Civil Cause 442 of 1999) [1999] MWHC 21 (30 August 1999)
30 August 1999
Kandoje v Kandoje (MSCA Civil Appeal 14 of 1999) [1999] MWSC 99 (26 August 1999)
An interlocutory injunction preventing the appellant from remaining in the matrimonial home was justified by threats of violence.
  • Interlocutory injunction — matrimonial home — alleged domestic violence and threats — adequacy of damages — injunction duration tied to pending divorce proceedings — equity looks to substance not form — American Cyanamid principles applied.
26 August 1999
Saulosi v Malawi Housing Corporation (Civil Cause 349 of 1993) [1999] MWHC 4 (26 August 1999)
Eviction for unpaid rent under lease was lawful; defamation claim failed for truth and lack of pleaded innuendo.
  • Landlord and tenant — eviction for rent arrears under lease clause; accounting misallocation of rent; defamation — truth, lack of malice, necessity of pleaded innuendo and extrinsic facts; no liability for third‑party comments; costs each party to bear own
26 August 1999
Malawi Broadcasting Corporation v Ombudsman (Civil Cause 53 of 1999) [1999] MWHC 18 (19 August 1999)
19 August 1999
Mfune v Mponela (Civil Cause 2180 of 1999) [1999] MWHC 11 (12 August 1999)
Interlocutory injunction refused where plaintiff failed to show a good arguable case and damages were adequate.
  • Interlocutory injunctions — American Cyanamid principles — good arguable case and serious issue to be tried — adequacy of damages — preservation of status quo — clean hands.
12 August 1999
Lustania Limited v Pegas Panel Beating Services LTD and 7 others (Civil Cause 1620 of 1999) [1999] MWHC 19 (9 August 1999)
9 August 1999