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High Court of Malawi - 1989 November

5 judgments
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5 judgments
Citation
Judgment date
November 1989
Hauya v Cold Storage Co. Ltd (Civil Cause 274 of 1987) [1989] MWHC 10 (30 November 1989)
The applicant's summary dismissal upheld; false imprisonment and malicious prosecution dismissed; only leave pay and sale surplus awarded.
Employment law – summary dismissal – misconduct consisting of deliberate failure to detect/report fraud – civil standard of proof; False imprisonment – employer liability depends on whether a charge was laid or police acted independently; Malicious prosecution – reasonable and probable cause and absence of malice; Repossession/Conversion – enforcement under loan agreement and entitlement to resale surplus; Remedies – leave pay awarded; costs against plaintiff.
 30 November 1989
Usupu v Brown and Clapperton Limited (Corporation) (Civil Cause 99 of 1988) [1989] MWHC 19 (30 November 1989)
Redundancy lawful where contractual notice paid; statutory severance not payable and employer pension contributions nonrefundable.
Employment law – redundancy/retrenchment – implied terms and retirement age; notice and pay in lieu; statutory severance pay threshold; pension fund rules on refund of employer contributions.
 30 November 1989
Zgambo v Kasungu Flue Cured Tobacco (Civil Cause 105 of 1988) [1989] MWHC 21 (14 November 1989)
14 November 1989
Malawi Hotels Limited v Nagoli and 2 Others (Civil Cause 872 of 1989) [1989] MWHC 12 (1 November 1989)
Interlocutory injunction granted to protect a lessee's asserted leasehold interest where construction risked irreparable harm.
Interlocutory injunction — American Cyanamid principles — protection of asserted leasehold interest based on accepted offer and payment — irreparable harm — adequacy of damages.
 1 November 1989
Malawi Hotels Limited v Nagoli and 2 Others (Civil Cause 872 of 1989) [1989] MWHC 16 (1 November 1989)
Interlocutory injunction granted to preserve plaintiffs' asserted lease and development rights pending trial due to serious question and irreparable harm.
Interlocutory injunction — American Cyanamid principles — good arguable case — irreparable harm — adequacy of damages — locus to land interest — balance of convenience — costs in the cause.
 1 November 1989