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All courts - 2013 October

6 judgments
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6 judgments
October 2013
Chikhwaya t/a Sherks Engineering & Welding Contractors v United General Insurance Company Ltd (None) [2013] MWHC 477 (31 October 2013)
The applicant’s appeal failed: summary judgment for the respondent upheld; compound interest awarded; unpleaded breach damages set aside.
  • Civil Procedure — Summary Judgment — Whether summary judgment appropriate where plaintiff proves claim and defendant lacks bona fide defence
  • Contract — Third‑party Repairs and Payment — Liability of party who instructed repairs despite insurance contract with a third party
  • Remedies — Interest on Commercial Debts — Award of compound interest at commercial rate where defendant wrongfully withholds funds
31 October 2013
Gumbo v Paradin Africa Limited (Civil Cause 5 of 2012) [2013] MWHC 493 (30 October 2013)
Plaintiff’s failure to initiate mediation and prosecute the claim justified dismissal for want of prosecution with costs.
  • Civil procedure — dismissal for want of prosecution — failure to initiate mediation within prescribed time — Mandatory Mediation Rules (Rule 7(2)) — failure to prosecute and attend hearing — costs awarded to respondent.
30 October 2013
Habp Lubricants Distributors v Gondwe t/a LGK Services (Commercial Case 330 of 2012) [2013] MWHC 494 (30 October 2013)
Summary judgment and judgment on admission refused where defendant raised triable issues and no clear admission of the claimed debt.
  • Civil procedure — summary judgment (Order 14) — requirement of no bona fide defence; summary disposal inappropriate where triable issues exist. Civil procedure — judgment on admission (Order 27) — letters/faxes must clearly admit claim to justify judgment
  • Evidence — defendant’s burden at summary stage to raise credible, triable issues (e.g., disputed invoices, proof of payment)
30 October 2013
NBS Bank Ltd and Malange v Solanke and Solanke (Civil Appeal 14 of 2013) [2013] MWSC 2 (29 October 2013)
Appeal remitted for full trial because the High Court wrongly proceeded under Order 14A despite disputed facts.
  • Civil procedure — Order 14A (summary disposal) — Preliminary determination of whether facts are substantially in dispute — Improper resolution of contested facts on summary procedure — Remittal for full hearing; costs to remain in cause.
29 October 2013
Agness Milson & Dafuleni Fletcher v United General Insurance (Personal Injury Cause 122 of 2012) [2013] MWHC 496 (15 October 2013)
Insurer liable for passengers' injuries despite policy exclusion; owner negligent for failing to keep vehicle in repair.
  • Road Traffic Act s.148(2) — insurer liability despite policy exclusions; Owner's duty to keep vehicle in repair — res ipsa loquitur; Procedural joinder — late objection and available remedies (third-party notice/calling witness).
15 October 2013
A L Gawani v Malawi Posts Corporation (Civil Cause 2187 of 2008) [2013] MWHC 497 (15 October 2013)
Compliance with a lawful police request to hand over the applicant did not constitute false imprisonment or defamation.
  • False imprisonment — private person assisting police — s41(a) Criminal Procedure and Evidence Code — lawful delivery to police; Defamation — conduct as publication — mere arrest/handcuffing not necessarily defamatory; Compliance with lawful police request as defence to civil liability; Failure to prosecute does not of itself establish false imprisonment.
15 October 2013