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High Court of Malawi - 1980 October

3 judgments
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3 judgments
October 1980
Chingwalu v Ruo Estates Limited . (580 of 1979) [1980] MWHC 10 (15 October 1980)
Employer proved one pleaded misconduct ground but terminated by contractual payment in lieu; pension discretion appropriately exercised.
  • Employment law — wrongful dismissal — pleaded particulars of misconduct — summary dismissal versus termination by payment in lieu — contractual termination clause — pension fund discretionary employer contributions and fiduciary exercise of discretion.
15 October 1980
Malire v Soko (Civil Cause 151 of 1979) [1980] MWHC 15 (8 October 1980)
Plaintiff entitled to balance after defendant accepted and installed the mill; counterclaim for deposit and transport dismissed.
  • Contract of sale — written agreement and receipts — acceptance by installation — transfer of property on acceptance — credibility of oral evidence — counterclaim for deposit and transport dismissed.
8 October 1980
Naphazi v Protea Assurance Company Limited & 2 others (Civil Cause 164 of 1979) [1980] MWHC 27 (8 October 1980)
Vague statements about losing a job for 'something to do with cash' were held not clearly defamatory and were justified by substantial truth.
  • Defamation — meaning of alleged words — whether words impute criminal conduct so as to be actionable per se — defence of justification (substantial truth) — qualified privilege — requirement of duty or interest to confer privilege.
8 October 1980