All courts - 2000 April

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4 judgments

Citation	Judgment date
April 2000
Phoya v Mourahali (Civil Cause 741 of 2000) [2000] MWHC 45 (20 April 2000) Application to discharge injunction dismissed; applicant failed to prove partnership or legal right to trade, so injunction remains. Civil procedure – application to discharge ex parte injunction – party alleging informal partnership must adduce clear, corroborated evidence; documentary inconsistencies and lack of lawful residence undermine relief – injunction maintained.	20 April 2000
Bauman Hinde And Co Ltd v David Whitehead and Son Ltd (MSCA Civil Appeal 17 of 1998) [2000] MWSC 1 (16 April 2000) Registration of a foreign arbitration award upheld where correspondence and conduct establish an agreement and arbitrators had jurisdiction. Arbitration — Enforcement and registration of foreign arbitration awards — British and Commonwealth Judgments Act — registration where award made in United Kingdom — jurisdiction of arbitrators — agreement inferred from correspondence and conduct — section 4 grounds for refusing registration.	16 April 2000
R v Zgambo (MSCA Criminal Appeal 20 of 1999) [2000] MWSC 2 (16 April 2000) Despite procedural and summing-up misdirections, eyewitness evidence sufficed and the appellant's manslaughter conviction was upheld. Criminal law – Procedure for treating witness as hostile – prosecution must lay foundation by showing prior statement and putting it to witness; Confession/caution statements – exculpatory statements are not evidence of facts but are evidence of the making and reaction; Corroboration – no general rule requiring corroboration; single eyewitness evidence may suffice; Manslaughter conviction upheld.	16 April 2000
Hamdani v Attorney General (Civil Cause 2083 of 1999) [2000] MWHC 57 (11 April 2000)	11 April 2000