Results.
48 judgments found.
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| December 2006 |
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Applicants awarded damages for false imprisonment after unjustified 83-day detention; respondent did not defend.
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False imprisonment — unlawful arrest and 83-day detention — absence of reasonable suspicion — assessment of damages for loss of liberty, dignity and reputation — Attorney General failure to defend — substantive award despite default.
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31 December 2006 |
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Where the accident's cause was established, res ipsa loquitur did not apply and nominal damages were awarded due to default-judgment uncertainty.
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Motor vehicle accident — mechanical failure (severed wheel nuts) — res ipsa loquitur inapplicable where cause known — plaintiff must prove lack of due diligence — default judgment binds assessment but caution warranted — nominal damages awarded.
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31 December 2006 |
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Summary judgment refused where respondent raised a bona fide counterclaim and disputed valuation and workmanship requiring trial.
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Civil procedure — Summary judgment (Order 14) — Bona fide counter-claim treated as defence — Set-off — Contractual requirement of interim certificate for payment — Dispute as to payment and defective workmanship — Need for trial and possible expert valuation.
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31 December 2006 |
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Applicant awarded six years’ salary for wrongful forced retirement; pension and gratuity denied for lack of evidence.
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Employment law — wrongful/forced retirement — assessment of damages measured by prospective salary less mitigation; pension and gratuity require proof; mitigation considered in light of employee’s age.
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31 December 2006 |
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Assessment of damages for negligent contamination: general damages awarded; pecuniary and unpleaded special claims dismissed.
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Tort — negligence — assessment of damages for personal injury; special damages must be pleaded and proved; proof required for loss of earning capacity and reduced life expectancy; multiplier method for future medical expenses; award of general damages for pain and suffering.
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31 December 2006 |
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Application for interest on delayed payment of damages against the government dismissed due to statutory limits and no wrongful withholding.
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Interest on judgment debts — discretionary award — section 11(a)(v) Courts Act limits — distinction between debt and damages — equitable principle of wrongful withholding (London, Chatham & Dover) — execution against Government.
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31 December 2006 |
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Repair cost is the normal measure of damages for negligent vehicle damage; court awarded the reasonable repair quotation.
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Tort — Motor vehicle damage — Measure of damages for physical damage is reasonable cost of repair — Competing repair quotations — Court may assess damages on available evidence where defendant fails to attend.
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31 December 2006 |
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Assessment of general damages for pain and suffering where medical incapacity exists but no proven loss of earning capacity.
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Tort — Negligence — Assessment of damages — General damages for pain and suffering and loss of amenities — Medical evidence of permanent incapacitation — No loss of earning capacity where plaintiff obtained higher-paid work — Special damages must be pleaded.
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31 December 2006 |
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Whether cohabitation established a marriage entitling the applicant and her child to a share of and an accounting for the estate.
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Intestate succession; marriage by cohabitation/custom; proof of issue; defective unsworn affidavit; summary judgment; duty of personal representatives to account.
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31 December 2006 |
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Assessment awards general and special damages for personal injuries; unpleaded loss of earning capacity disallowed.
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Damages — assessment of general and special damages for personal injury — unpleaded loss of earning capacity cannot be awarded — prospective expenses for disability considered.
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31 December 2006 |
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The applicant was awarded K1,050,000 for amputation caused by negligent hospital treatment, plus costs.
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Medical negligence — assessment of damages — amputation following improper IV insertion — res ipsa loquitur applicable; damages compensatory: pain and suffering, loss of amenities, medical expenses — default judgment on liability.
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31 December 2006 |
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Nominal damages awarded for alleged false imprisonment despite defendant's honest belief and binding default judgment.
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False imprisonment — reasonable suspicion / honest belief defence — nominal damages awarded despite prior default judgment — assessment of damages.
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31 December 2006 |
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Court dismisses bank's appeal, finding employee not party to fraud and dismissal unfair; damages upheld.
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Employment law — unfair dismissal; factual findings on bank procedures and manager's duties final under s65 Labour Relations Act; absence of mens rea precludes dismissal for fraud; statutory awards (12 weeks, severance, s63(4) compensation) upheld.
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19 December 2006 |
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The respondent held liable in tort for injuries caused by its security dog; Registrar to assess damages.
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Tort — Animals — Dog bite — Strict liability of owner and negligence — Control and Diseases of Animals Act s19
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17 December 2006 |
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Refusal to renew a genuine fixed-term contract does not constitute unfair dismissal under the Employment Act.
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11 December 2006 |
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Court ordered defendants to clarify "expedience" and required plaintiff to provide specified further particulars before trial.
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Civil Procedure
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Pleadings — Clarification of ambiguous pleading term ("expedience") required where material to issues
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Summons for directions — Further and better particulars under Order 25 r.7 — Scope and timing
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Contract — Specific performance — Allegation of agreement to issue shares evaluated through pleadings and pre-trial particulars
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3 December 2006 |
| November 2006 |
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Divorce petition dismissed for want of jurisdiction because the petitioner was not domiciled in Malawi.
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Family Law — Divorce — Jurisdiction and domicile — Whether petitioner domiciled in Malawi under s.2 of the Divorce Act — Domicile of origin persists unless displaced by an affirmed domicile of choice; employment alone is insufficient
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13 November 2006 |
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Plaintiff failed to prove authorisation codes were invalid; debit of merchant’s account was unjustified.
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Contract — Merchant Card Agreements — Validity of Authorisation Codes — Burden of Proof and Failure to Call Principal’s Witnesses
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13 November 2006 |
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Vice‑President lacks criminal immunity; covert recordings breached privacy and judicial review cannot be used to strike down statutes.
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Constitutional law
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Judicial review — Scope and appropriateness for challenging statutory validity
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Immunity — Vice‑President not immune from criminal prosecution under section 91(2)
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Criminal procedure — Arrest and detention — 48‑hour rule; rights to be informed and fair procedural/adminstrative action
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8 November 2006 |
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Convictions quashed for failure to authenticate documentary evidence and for a defective Section 122 charge.
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Criminal Law
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Documentary Evidence — Authentication and admissibility of photocopies under the Criminal Procedure and Evidence (Documentary Evidence) Rules
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Offences Against Public Administration — Section 122 Penal Code — Particulars must disclose a statutory offence and inform the accused with sufficient particularity
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Uttering False Document — Proof beyond reasonable doubt requires establishing the document was tendered by accused and that accused knew it was false
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6 November 2006 |
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Section 65(1) is constitutionally valid but applies only to MPs who were party members at election; independents are excluded.
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Constitutional Law
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Parliamentary Membership — Crossing the Floor (s65) — Validity and scope of application
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Political Rights — Free mandate and freedom of association (s65(2)) — Protection of free parliamentary vote
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6 November 2006 |
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Section 65 is constitutionally valid; MPs who abandon party allegiance or join another party may lose their seat, subject to factual nuance.
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Constitutional Law
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Legislature — Crossing the Floor (Section 65) — Validity vis‑à‑vis rights to association, conscience and expression — Purposive interpretation
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Parliamentary Membership — Meaning of “member at time of election” — Effect on independents and sole‑party representatives
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Executive Appointments — Ministerial appointment from another party — May amount to floor‑crossing depending on party approval and facts
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6 November 2006 |
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Convictions quashed where photocopied documents lacked authentication and charge particulars failed to disclose a statutory offence.
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Criminal Law
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Documentary Evidence — Authentication and admissibility of photocopied exhibits under the Criminal Procedure and Evidence (Documentary Evidence) Rules
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Forgery/Uttering — Elements: identity of document, mens rea, and proof beyond reasonable doubt
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Constitutional Law — Fair Trial — Particulars of charge and right to be informed with sufficient particularity (presumption of innocence and right to silence)
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6 November 2006 |
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Judicial review limited to process‑based complaints; surreptitious recordings breached privacy warranting damages; Vice‑President not immune to prosecution.
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Constitutional law
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Judicial review — Scope and limitations; challenge to constitutionality of statutes not by judicial review
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Right to privacy — Use of surreptitious recordings in criminal process — Wednesbury unreasonableness and damages
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Executive immunity — Section 91(2) construed as granting criminal immunity to President only; Vice‑President not immune
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6 November 2006 |
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Default judgment reflecting amounts endorsed on an amended writ is not irregular merely because it includes non-recoverable collection costs.
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Civil Procedure
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Default Judgment — Inclusion of non-recoverable collection costs on writ — Whether renders judgment irregular — Order 19 r.2(1) RSC
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Amendment of Pleadings — Effect of amended writ on entitlement to enter judgment — Order 13 r.1 RSC
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Execution — Sheriff's Fees — Reimbursement where execution followed a regular judgment — When reimbursement is unjustified
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1 November 2006 |
| October 2006 |
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Summary judgment granted for undisputed account balance where defendant's denials were general and unsupported.
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Civil Procedure
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Summary Judgment — Whether summary judgment appropriate where defendant raises general denials and account reconciliations
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Rehearing on Appeal — Appeal from Assistant Registrar to judge in chambers is by way of rehearing
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31 October 2006 |
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An insurer not party to proceedings cannot appear or be subrogated without first indemnifying the insured.
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Civil Procedure
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Appeals from Registrar — Re‑hearing under Order 58 — Issues may be raised afresh on appeal
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Representation — Non‑party insurer’s right of audience — Insurance policy clause insufficient to confer right to appear; party status required
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Insurance Law — Subrogation — Requirement of indemnity — Insurer not subrogated where it has not paid the insured
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31 October 2006 |
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High Court dismissed appeal because no question of law or jurisdiction was raised under s65(2) Labour Relations Act.
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Labour Law — Appeals — Scope of appeal from Industrial Relations Court under section 65(2) Labour Relations Act — Whether quantum of compensation is reviewable absent a question of law or jurisdiction
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30 October 2006 |
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Injunction granted protecting the plaintiff’s exclusive right to distribute 'Exide' batteries, excluding the revenue authority.
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Intellectual Property — Trade Mark — Injunction to restrain dealing in goods bearing protected trade mark — Application of American Cyanamid principles
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Administrative Law — Public Revenue Agency — Injunction against revenue collector — Practicality and balance of convenience
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30 October 2006 |
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Interlocutory injunction restraining termination of a statutory chief officer refused for lack of a good arguable case and because damages suffice.
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Interlocutory injunction; employment contract vs judicial review; American Cyanamid principles; doctrine of necessity; adequacy of damages.
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30 October 2006 |
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Failure to give reasons and follow transparent selection breached legitimate expectations, warranting quashing and remedial assistance.
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Administrative Law — Procedural Fairness — Legitimate expectation and requirement to give reasons in public funding decisions — Constitution s 43
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Civil Procedure — Proper Parties in Judicial Review — Attorney General not a proper respondent unless privy to the challenged decision
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26 October 2006 |
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Plaintiff’s writ allowed where earlier originating summons was improperly served and inappropriate; injunction consolidated into the writ.
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Civil Procedure
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Abuse of Process — Commencing writ after originating summons on same subject-matter — Court’s power to prevent improper multiplicity of proceedings
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Service and Mode of Commencement — Defective service and wrong use of originating summons — Order 10 r 1; Order 65 r 4; Order 5 r 4
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12 October 2006 |
| September 2006 |
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Court refused to vacate an ex parte interlocutory injunction despite delay, finding prima facie title and favouring preservation of the status quo.
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Civil Procedure
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Interlocutory Injunctions — Vacatur of ex parte injunction for delay and non-disclosure
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Preservation of Status Quo — Whether title disputes require full trial rather than interlocutory determination
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Property Law — Tort — Trespass to land — Adequacy of damages and balance of convenience
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25 September 2006 |
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A biological son born of a matrilineal marriage cannot be disqualified from chieftaincy succession solely on that ground.
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Customary Law
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Chieftaincy Succession — Whether a son born of a matrilineal marriage may succeed under Ngoni custom — Interaction with constitutional equality provisions
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Succession Procedure — Validity of nomination by late Chief’s counsellors where a qualified child exists
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12 September 2006 |
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A presidential referral does not permit appeals from interlocutory orders; leave to appeal and stay were refused.
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Constitutional Law —
Presidential Referral
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Appealability of interlocutory orders in referrals
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Leave to appeal and stay of proceedings where President seeks advisory opinion — Section 89(1)(h) Constitution
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3 September 2006 |
| August 2006 |
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Appeal dismissed where customary leaders' and court findings of appellant's encroachment were upheld.
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Civil Law — Land Boundaries — Determination by Traditional Leaders — Court's deference to customary determinations
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Tort — Trespass — Encroachment despite long-term cultivation — Effect of customary leaders' decisions on possession
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31 August 2006 |
| July 2006 |
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Severance under s35(1) is not payable on an employee’s resignation; acceptance does not create mutual agreement.
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Employment Law — Severance Allowance — Whether severance payable on employee resignation — Interpretation of "mutual agreement" — Employment Act s 35(1)
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31 July 2006 |
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Order 113 summary possession unavailable where financier’s unregistered memorandum failed to oust a purchaser’s title.
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Property Law
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Possession Procedure — Applicability of RSC Order 113 r.1 to persons in possession who acquired title from an owner
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Deeds Registration — Non‑registration renders instrument null and void — Deeds Registration Act ss 6, 28
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Equitable Interests — Security for Loans — Provision of funds does not of itself confer legal title
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25 July 2006 |
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Court granted and extended an interim injunction, ordered interpleader, condemned unresponsive claimant to costs, and granted leave to appeal.
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Civil Procedure
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Interim Injunctions — Ex parte injunctions to preserve status quo pending trial
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Interpleader/Trial Procedure — Order 17 r 5 RSC and ordering full trial where facts are in dispute
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Costs — Sanctions for failure to participate and costs consequences of negligent silence by a respondent
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12 July 2006 |
| May 2006 |
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Defendant held severally liable under s42(1) where company effectively had only one member; collection charges denied.
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Company Law
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Membership — Whether company membership fell below two and sole-member liability under s42(1)
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Shares — Whether an office entry (“General Manager”) on the register constitutes a legal member
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Remedies — Application of s42(1) liability and discretion under s42(2) — Relief and costs
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23 May 2006 |
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Section 71 permits sale by private treaty or auction; reserve-price approval required only for auctions, remedy for irregularity is damages.
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Registered Land Act s.71 — construction of 'shall' and 'may'; permissive sale by private treaty or public auction; reserve price required only for auctions; duty to act in good faith; remedy for irregular exercise = damages (s.71(3)); injunctions ordinarily not available.
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12 May 2006 |
| April 2006 |
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Whether the defendant validly cancelled an auction sale for non‑payment of the balance and claimed rentals.
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Contract Law
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Sale by Auction — Cancellation for non‑payment of balance — Time for payment and waiver/estoppel — Interpretation of auction conditions
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Remedies — Possession and rents prior to full payment — Deduction of rentals on cancellation
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Liquidated Damages — Requirement of proper pleading and evidence for recovery
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26 April 2006 |
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Plaintiff’s failure of full and frank disclosure in an ex parte injunction led to its discharge and dismissal with costs.
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Civil Procedure — Interlocutory Injunctions — Full and frank disclosure required for ex parte relief
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Commercial Law — Security for Debt — Bank’s contractual and legal right to sell pledged property on borrower default
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12 April 2006 |
| February 2006 |
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Whether collateral for an expired bank guarantee can secure an unrelated overdraft without the borrower’s agreement.
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Banking Law — Security for Credit Facilities — Whether collateral securing a bank guarantee can be enforced against a separate overdraft absent agreement — Burden on bank to prove consolidation
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28 February 2006 |
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14 February 2006 |
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Manufacturer liable in tort for contaminated opaque-bottled beer causing plaintiff’s shock and physical illness.
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Tort
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Product Liability — Manufacturer’s duty to ensure consumer products are safe (Donoghue v Stevenson)
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Negligence — Causation and presence of contaminant when product left manufacturer — Control and inspection
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Nervous Shock — Injury caused by perception of contamination — Damages recoverable where physical or medical symptoms follow
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13 February 2006 |
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Court ordered release of 519 fertilizer bags, finding the consent order did not permit additional storage charges or lien.
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Civil Procedure — Interlocutory/Mandatory Injunction — Granting exceptional mandatory relief to compel delivery of goods under a consent order
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Contract — Consent Orders — Scope and enforceability — Whether consent order impliedly allowed further storage charges or extended lien
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1 February 2006 |
| January 2006 |
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Court awarded custody to the mother, prioritising the child’s welfare over status quo with paternal grandmother.
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Family Law
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Child Custody — Custody allocation between parent and grandparent — Child’s welfare paramount — Constitution s 23(3)
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Jurisdiction — Court may determine custody despite an alleged subsisting customary marriage
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31 January 2006 |