High Court of Malawi - 2014 September

5 judgments

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5 judgments
Citation
Judgment date
September 2014
Stay of execution pending appeal denied where applicant failed to prove successful party could not repay the award.
Civil procedure – stay of execution pending appeal – party seeking stay must adduce evidence that successful party cannot repay; discretionary balancing of risks; ‘‘broad approach’’ (ruin and prospects of success) not displacing traditional test.
25 September 2014
The respondent employer breached its duty by failing to provide adequate safety equipment and safe work systems, causing the applicant's injuries.
Employer's duty of care; provision of safety equipment; safe system/place of work; foreseeability of injury; contributory negligence and de minimis; liability for workplace injuries; damages reserved
25 September 2014
17 September 2014
Winding up ordered where company failed to pay debts after statutory 21‑day demand; official receiver appointed.
Company law – Winding up – Inability to pay debts – Statutory 21‑day demand – Creditor’s petition – Appointment of official receiver
16 September 2014
11 September 2014