High Court of Malawi - 2005 April

4 judgments

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4 judgments
Citation
Judgment date
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
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
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
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