Dzoole v Kaliombe (Civil Cause 318 of 1987) [1991] MWHC 5 (11 April 1991)

Plaintiff failed to prove his claim on a balance of probabilities; parties varied contract terms, plaintiff assumed obligation to supply fittings, defendant entitled to unpaid contract installments.

Citation: [1991] MWHC 5
Parties: Plaintiff: A. Dzoolle; Defendant: A. R. Kalilombe
Court: High Court of Malawi
Jurisdiction: Malawi
Judgment Date: 11 April 1991
Case Number: Civil Cause 318 of 1987
Procedural Posture: Civil / Judgment
Outcome: Plaintiff's claim dismissed; defendant's counterclaim succeeds
Legal Topics: Variation of Contract, Breach of Contract, Counterclaim, Burden of Proof
Source Language: English

Contract Variation of Contract Breach of Contract Counterclaim Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

A. Dzoolle

Plaintiff

A. R. Kalilombe

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the defendant was obliged to supply specified fittings under the contract
2 Whether the plaintiff is entitled to claim the value of fittings not supplied
3 Whether the defendant is entitled to the counterclaimed sum for unpaid contract installments

Ratio Decidendi

Plaintiff failed to prove his claim on a balance of probabilities; parties varied contract terms, plaintiff assumed obligation to supply fittings, defendant entitled to unpaid contract installments.

Court Disposition

Plaintiff's claim dismissed; defendant's counterclaim succeeds

Orders

Judgment for defendant for K6,800.00
Costs awarded to defendant