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High Court of Malawi - 2009 September

4 judgments
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4 judgments
September 2009
Maseleka v R (154 of 2009) [2009] MWHC 54 (30 September 2009)
A 15-month delay in bringing an arrested person to court breached constitutional rights; unconditional release granted.
  • Constitutional Law — Arrest and Detention — Right to be brought before court within 48 hours — Breach and remedy under s42(2)(b) and s42(2)(e)
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; six-year sentence reduced to 3½ years for being excessive for a young first offender.
  • Criminal Law
    • — Offences Against Property — Breaking into a building and theft — Possession of recently stolen property as circumstantial evidence of guilt — Penal Code s 311(a)
    • — Sentencing — Mitigation for young first offenders — Reduction where lower court failed to receive mitigation
1 September 2009