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Malawi Case Law

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Contract law [2011] MWHC 77

Chitikuko v Sammy Transport (1677 of 2009)

Chitikuko v Sammy Transport (1677 of 2009) [2011] MWHC 77 (21 March 2011)

The High Court of Malawi dismissed an appeal from the Assistant Registrar, holding that the transporter remained liable for loss during the extended bailment period and could not claim delay damages after charging more.

  • Bailment
  • Contractual obligations
  • Damages
  • Variation of contract
  • Contract-variation
  • Transport-law
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Bailment [2009] MWHC 40

Mwangupiri v Manica (Malawi) Ltd & Anor. (103 of 2003)

Mwangupiri v Manica (Malawi) Ltd & Anor. (103 of 2003) [2009] MWHC 40 (21 July 2009)

The High Court held the first defendant wrongfully refused and then released the plaintiff’s engine to the second defendant, awarding K450,000 and costs.

  • Wrongful detention
  • Conversion
  • Damages
  • Release of goods
  • Title to goods
  • Bailment
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Contract law [2007] MWHC 31

Brothers Enterprises v Hagemeyer Africa (Pvt) Ltd & Anor.

Brothers Enterprises v Hagemeyer Africa (Pvt) Ltd & Anor. (Civil Cause 375 of 1998) [2007] MWHC 31 (27 June 2007)

High Court of Malawi judgment on loss of imported second-hand clothing, finding both defendants liable in bailment, with contributory negligence and apportionment of damages.

  • Breach of contract
  • Bailment
  • Negligence
  • Contributory negligence
  • Damages
  • Exclusion clauses
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Contract law [2007] MWHC 311

Brothers Enterprises v Hagemeyer Africa (Pvt) Ltd & Anor.

Brothers Enterprises v Hagemeyer Africa (Pvt) Ltd & Anor. (Civil Cause 375 of 1998) [2007] MWHC 311 (27 June 2007)

Both defendants were bailees (or sub-bailees) of the plaintiff's goods and failed in their duty of care, resulting in the loss. The exclusion clause was not effectively communicated to the plaintiff and does not exempt the second defendant. The plaintiff was also contributorily negligent for failing to promptly secure police intervention, warranting apportionment of liability.

  • Bailment
  • Carriage of goods
  • Negligence
  • Contributory negligence
  • Exclusion clauses
  • Damages
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Contract law [2005] MWHC 22

Teofilo Chilenge t/a Combinado Pesqueiro de Metangula v Attorney General (676 of 2001)

Teofilo Chilenge t/a Combinado Pesqueiro de Metangula v Attorney General (676 of 2001) [2005] MWHC 22 (5 December 2005)

The High Court held the defendant liable as bailee for reward after the plaintiff’s boat was destroyed in custody. The court rejected illegality, exclusion clause, and contributory negligence defences.

  • Bailment
  • Negligence
  • Damages
  • Exclusion clauses
  • Illegality of contract
  • Contributory negligence
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Contract [1990] MWHC 28

Cheseborough Ponds Limited v Gala Estate Limited

Cheseborough Ponds Limited v Gala Estate Limited (Civil Cause 601 of 1988) [1990] MWHC 28 (15 February 1990)

The defendants supplied rope slings with the crane, which were not fit for the purpose of lifting machines weighing between three and five tonnes. The operator failed to ensure proper tying and mechanical fitness, constituting negligence and breach of contractual duty. Judgment for the plaintiffs.

  • Negligence
  • Bailment
  • Fitness for purpose
  • Damages
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Contract [1987] MWHC 16

M'manga v Mussa

M'manga v Mussa (Civil Cause 438 of 1985) [1987] MWHC 16 (12 August 1987)

The High Court of Malawi dismissed a claim for return or value of a motor vehicle after finding no repair contract, no negligence, and no conversion proved.

  • Bailment
  • Conversion
  • Business names registration
  • Negligence
  • Business-names-registration
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Tort [1987] MWHC 9

Kaliati v Mogra

Kaliati v Mogra (Civil Cause 265 of 1985) [1987] MWHC 9 (22 July 1987)

The High Court of Malawi found the defendant took the plaintiff’s maize mill for repairs and failed to return it, awarding K3,500 in damages and costs.

  • Conversion
  • Damages
  • Bailment
  • Property
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Contract [1986] MWHC 4

Cheseborough Ponds International Limited v Nurse International Limited

Cheseborough Ponds International Limited v Nurse International Limited (Civil Cause 43 of 1985) [1986] MWHC 4 (1 April 1986)

The High Court of Malawi held the crane hire defendants liable for damage after supplying rope slings unfit for the lifting task and failing to exercise proper care.

  • Negligence
  • Bailment
  • Hire of chattels
  • Damages
  • Hire-of-chattels
  • Contract-law
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Malawi decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.