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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)
Severance under s35(1) is not payable on an employee’s resignation; acceptance does not create mutual agreement.
  • Employment Law — Severance Allowance — Whether severance payable on employee resignation — Interpretation of "mutual agreement" — Employment Act s 35(1)
31 July 2006
Mbendera v Reserve Bank of Malawi (Civil Cause 2124 of 2006) [2006] MWHC 20 (25 July 2006)
Order 113 summary possession unavailable where financier’s unregistered memorandum failed to oust a purchaser’s title.
  • Property Law
    • — Possession Procedure — Applicability of RSC Order 113 r.1 to persons in possession who acquired title from an owner
    • — Deeds Registration — Non‑registration renders instrument null and void — Deeds Registration Act ss 6, 28
  • Equitable Interests — Security for Loans — Provision of funds does not of itself confer legal title
25 July 2006
Farmers World Ltd v Chamwabvi Group & Anor. (510 of 2004) [2006] MWHC 145 (12 July 2006)
Court granted and extended an interim injunction, ordered interpleader, condemned unresponsive claimant to costs, and granted leave to appeal.
  • Civil Procedure
    • — Interim Injunctions — Ex parte injunctions to preserve status quo pending trial
    • — Interpleader/Trial Procedure — Order 17 r 5 RSC and ordering full trial where facts are in dispute
    • — Costs — Sanctions for failure to participate and costs consequences of negligent silence by a respondent
12 July 2006