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High Court of Malawi - 2006 July

3 judgments
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3 judgments
July 2006
Chabwera v Mount Soche Hotel (2175 of 2003) [2006] MWHC 7 (31 July 2006)
An employee’s voluntary resignation does not entitle them to severance under section 35(1); acceptance is not mutual agreement.
  • Employment law — Severance allowance — Section 35(1) — Whether resignation qualifies as "termination by mutual agreement" — Acceptance of resignation does not create mutuality — Purpose: protect employees from employer-initiated abrupt terminations
31 July 2006
Mbendera v Reserve Bank of Malawi (Civil Cause 2124 of 2006) [2006] MWHC 20 (25 July 2006)
Summary possession under RSC O.113 unavailable where financier lacks registered title; unregistered memorandum is void.
  • RSC Order 113 r.1 — summary possession requires claimant to hold title; financier's equitable interest insufficient without title; Deeds Registration Act — compulsory registration of instruments affecting land; non-registration renders document null and void; bona fide purchaser protected
25 July 2006
Farmers World Ltd v Chamwabvi Group & Anor. (510 of 2004) [2006] MWHC 145 (12 July 2006)
Court granted interim injunction, ordered first respondent to answer within 14 days, condemned costs, and granted leave to appeal.
  • Civil procedure — interim injunction (Order 29 r.1 RSC) — preservation of status quo; Interpleader and trial on contested facts (Order 17 r.5 RSC); failure to respond to proceedings—consequences and costs; fixtures—whether structures affixed to land form part of the land; leave to appeal and fresh evidence on appeal
12 July 2006