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High Court of Malawi - 2009 September

4 judgments
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4 judgments
Citation
Judgment date
September 2009
Maseleka v R (154 of 2009) [2009] MWHC 54 (30 September 2009)
Prolonged detention without being brought before court (over 15 months) violated s42(2)(b) and warranted unconditional release.
Constitutional law – Right to be brought before a court within 48 hours (s 42(2)(b)) – Failure to comply – Inexcusable prolonged detention – Bail/remedy under s 42(2)(e) – Availability of local court; State’s procedural obligations
 30 September 2009
Mtakatifu v Small Enterprise Development Organisation of Malawi (Civil Cause 3076 of 2001) [2009] MWHC 231 (25 September 2009)
Writ limits claims to general damages; lender breached by failing to disburse full loan, plaintiff awarded general damages net K56,370.
Contract law – loan agreement – disbursement in installments – reasonable time for full disbursement; pleadings – Writ limits recovery; special damages inconsistent with amended Writ fall away; retention of security documents – no implied term to release where lender breached; counterclaim for repayment of partial advance dismissed.
 25 September 2009
Mbwana v Blantyre Sports Club (Civil Cause 1430 of 2009) [2009] MWHC 229 (11 September 2009)
Silence after contractual probation can amount to tacit confirmation; employer cannot unilaterally vary terms or demote without consent.
Employment law – probation and confirmation – tacit confirmation where employer silent after contractual probation; employer cannot unilaterally extend probation or vary contract terms – right to be heard and fair labour practices (Constitution ss31, 43) – entitlement to post-probation benefits.
 11 September 2009
Massah v R (71 of 2009) [2009] MWHC 46 (1 September 2009)
Conviction for burglary upheld on circumstantial evidence; sentence reduced from six to 3½ years for mitigation reasons.
Criminal law – Burglary/Breaking into a building – Possession of recently stolen property as circumstantial evidence – Flight and implausible explanation – Sentence review and reduction for young first offender; mitigation not considered at trial
 1 September 2009