Skip to document content Skip to main menu Skip to search

High Court of Malawi - 2005 April

4 judgments
Advanced search
Skip past Court registries
Skip past years
Skip past months
Filters
Skip to results
4 judgments
April 2005
Davie Thomu Muhondo v Polyplast Ltd (Civil Cause 3626 of 2001) [2005] MWHC 25 (30 April 2005)
The applicant's unequal-pay and withheld-certificate claims were dismissed; respondent must assist in obtaining a replacement certificate.
  • Employment law — equal remuneration for work of equal value — burden on employer to justify pay differences; employee redeployment/trainee status; loss of qualification certificate — duty to mitigate; appropriate relief when original certificate lost — assistance to obtain replacement; costs discretion in employment disputes
30 April 2005
Capital Oil Refining Industries LTD v Catholic Relief Services (Civil Cause 3708 of 2001) [2005] MWHC 130 (26 April 2005)
Buyer’s claim for non-delivery fails where contract was conditional on USG availability and non-delivery was excused by force majeure.
  • Contract law — conditional sale agreement — delivery contingent on third party (US Government) availability — force majeure and frustration invoked by administrative/market interference — unsuccessful variation/negotiation does not constitute binding rescission.
26 April 2005
Metani v Pharmacy, medicines and Poisons Board (Civil Cause 580 of 2001) [2005] MWHC 134 (19 April 2005)
Long delay and lack of sufficient cause barred defendant’s request; default judgment and damages reinstated.
  • Civil procedure — Default judgment and assessment of damages — Setting aside or varying orders — Order 24 r 17 ‘sufficient cause’ — Consent order for directions — Delay and lack of diligence — Loss of records by fire and file reconstruction not automatically sufficient cause.
19 April 2005
S R Nicholas LTD v Malawi Telecomms LTD (Civil Cause 680 of 2001) [2005] MWHC 136 (12 April 2005)
Plaintiff awarded 15% collection costs where sworn affidavit showed part payment occurred after service and claim was duly pleaded.
  • Civil procedure — debt recovery — entitlement to collection costs under Legal Practitioners (Scale and Minimum Charges) Rules — affidavit evidence on date of part payment preferred to unsworn oral submissions — pleading of collection costs.
12 April 2005