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High Court of Malawi - 2005 February

4 judgments
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4 judgments
February 2005
Banda v SDV Malawi Limited (Civil Cause 3180 of 2004) [2005] MWHC 1 (24 February 2005)
Court dismisses claim that plaintiff was misappointed as clerk not controller for lack of proof and wrong procedure.
  • Employment law — procedural form of commencement (Originating Summons vs writ) — offer and acceptance — burden of proof for advertised post and misrepresentation — duress — probationary dismissal
24 February 2005
Chikapa v Chikapa (9 of 2004) [2005] MWHC 4 (21 February 2005)
Decree nisi granted where spouse's violent conduct, willful neglect and secret administration of traditional medicine constituted legal cruelty.
  • Matrimonial law — divorce for cruelty — traditional medicine administered without consent as cruelty — willful neglect to care as cruelty — no condonation or collusion; custody and property issues deferred to chambers
21 February 2005
Mkandawire v Council of University of Malawi (Civil Cause 569 of 200) [2005] MWHC 129 (17 February 2005)
A taxation review must be conducted by the taxing officer; the applicant failed to comply with Order 62 procedural requirements.
  • Civil procedure — taxation of costs — Order 62 RSC (rules 33 and 34) — review of taxing officer’s decision — jurisdiction to review — procedural requirement to file and serve written objections.
17 February 2005
Chimwaza v Securicor Malawi LTD (Civil Cause 2054 of 2000) [2005] MWHC 128 (16 February 2005)
The respondent held liable for assault and battery by its employee; damages to be assessed by the Registrar.
  • Tort — Assault and battery by security guard — Credibility findings — Employer liability for agent’s wrongful act — Assessment of damages — Evidentiary weight of visitor register and witness consistency.
16 February 2005