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High Court of Malawi - 1991 October

3 judgments
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3 judgments
October 1991
Banda v Cilcon Limited (Civil Cause 286 of 1987) [1991] MWHC 8 (23 October 1991)
False imprisonment claim failed against defendant; wrongful dismissal found and one month’s notice pay awarded.
  • Employment law — wrongful dismissal — absence not deliberate; reasonable notice under Employment Act s.10 is one month — false imprisonment — wrong party sued where alleged misconduct concerned separate corporate entity — unproven claims for overtime and leave pay fail for lack of evidence.
23 October 1991
M'bama v Registered Trustees of the African International Church (Civil Cause 156 of 1988) [1991] MWHC 29 (23 October 1991)
Plaintiff failed to prove ownership of church; unreliable documents and contradictions led to dismissal with costs.
  • Property — church ownership — evidential burden of proof; documentary reliability — cheques and altered invoices; licence to occupy — oral licence not proved; even payment by individual does not necessarily confer ownership on individual where building serves church.
23 October 1991
Chiumia v Southern Bottlers Limited (Civil Cause 707 of 1989) [1991] MWHC 3 (1 October 1991)
Whether an employer's short detention of a suspected employee and reporting to police constituted false imprisonment.
  • Criminal Procedure and Evidence Code ss.33–34—private person’s arrest; false imprisonment—lawfulness depends on reasonable suspicion and prompt handover to police; reporting facts to police v. procuring/charging—civil liability requires that defendant procured or directed police action.
1 October 1991