Abeles v Viola (Civil Cause 1226 of 1990) [1992] MWHC 35 (1 October 1992)

Abeles v Viola (Civil Cause 1226 of 1990) [1992] MWHC 35 (1 October 1992)

There was no definite offer made by the plaintiff capable of acceptance, nor any admission by the defendant to pay interest; no binding contract existed regarding payment of interest.

Citation
[1992] MWHC 35
Parties
Plaintiff: N. Abeles; Defendant: E. M. Viola
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
1 October 1992
Case Number
Civil Cause 1226 of 1990
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Admission, Interest on Purchase Price, Costs
Source Language
English
Contract Law Admission Interest on Purchase Price Costs

Case Brief

Summary, issues, holding and outcome

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Parties

N. Abeles

Plaintiff

E. M. Viola

Defendant

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether there was an admission by the defendant to pay interest on the purchase price
  2. 2 Whether a binding contract existed regarding payment of interest
  3. 3 Whether the plaintiff is entitled to costs

Ratio Decidendi

There was no definite offer made by the plaintiff capable of acceptance, nor any admission by the defendant to pay interest; no binding contract existed regarding payment of interest.

Court Disposition

appeal dismissed

Orders

  • Plaintiff to have costs only up to the time of payment on 16th January 1991