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High Court of Malawi - 1990 December

4 judgments
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4 judgments
December 1990
Msatekeseka & Mangochi v Encor Products Limited (Civil Cause 598 of 1987) [1990] MWHC 12 (31 December 1990)
Employer validly effected early retirements under pension rules; plaintiffs' negligence and deprivation claims dismissed.
  • Employment law — Pension scheme construction — Early retirement (5 years/age 45) subject to employer's consent — Validity of signed retirement documents — Credibility findings — No negligence; claim dismissed.
31 December 1990
Ndiwo v Makina (Civil Appeal 5 of 1988) [1990] MWHC 31 (27 December 1990)
27 December 1990
Banda (an infant by H.T Banda her next friend) v Admarc & Banda (Civil Cause 273 of 1987) [1990] MWHC 18 (24 December 1990)
The applicant's obstructed vision caused the collision; no proof of the respondent's negligence, claim dismissed with costs.
  • Road traffic — Duty of care of drivers and pedestrians — Burden of proof in negligence claims — Pedestrian obstructed vision running into vehicle — Insufficient evidence of driver negligence; claim dismissed.
24 December 1990
Kamala v Southern Bottlers Limited (Civil Cause 553 of 1987) [1990] MWHC 13 (24 December 1990)
Reporting a theft and fetching police does not alone make the respondent liable for the applicant's false imprisonment.
  • False imprisonment — employer’s reporting of theft to police — whether reporting and providing transport to police amounts to laying a charge or procuring arrest — evidentiary burden to prove employer caused arrest.
24 December 1990