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High Court of Malawi - 2014 January

3 judgments
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3 judgments
January 2014
Blantyre Newspapers Limited v Simango (IRC Appeal 6 of 2011) [2014] MWHC 507 (20 January 2014)
Appeal dismissed: section 63 awards compensate pecuniary loss (monetary quantification), minima are floors, employer must prove non-mitigation.
  • Employment law — Unfair dismissal — Section 63 Employment Act: compensation for 'loss' (pecuniary), heads of loss not closed, awards must be quantified monetarily; s63(5) prescribes minima not mandatory month-per-year multipliers; burden of proof on employee for loss and on employer for failure to mitigate; appeal competent on question of law.
20 January 2014
Builders Suppliers Company Ltd v The Registered Trustees of the Christian Service Committee of the Churches in Malawi (Commercial Case 21 of 2011) [2014] MWHC 517 (8 January 2014)
8 January 2014
Nkhoma v Thomas and 2 others (Civil Cause 264 of 2011) [2014] MWHC 501 (6 January 2014)
The court dismissed the plaintiff’s claim for want of prosecution due to prolonged inactivity and awarded costs to the defendant.
  • Civil procedure — want of prosecution — striking out/dismissal for inordinate and inexcusable delay — dismissal on first application permissible in appropriate cases — failure to attend hearing as evidence of abandonment — costs to defendant.
6 January 2014