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High Court of Malawi - 2014 September

5 judgments
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5 judgments
Citation
Judgment date
September 2014
Bauleni and 2 others v Sunbird Tourism Limited (Miscellaneous Application 42 of 2014) [2014] MWHC 495 (25 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
Sakonda v S.R. Nicholas Ltd (None) [2014] MWHC 453 (25 September 2014)
Employer breached duty to provide safe workplace and equipment for work at height; liability established, damages reserved.
Employer’s duty of care – provision of safety equipment and safe systems of work – workplace safety at height – failure to supervise – contributory negligence (de minimis) – liability established; damages reserved.
 25 September 2014
Mkandawire v Council for the University of Malawi (Civil Appeal 24 of 2007) [2014] MWHC 491 (17 September 2014)
17 September 2014
Ex Parte: CSC Design & Building Company Ltd; In the Matter of the Companies Act, Cap 46:03 of the Laws of Malawi (None) [2014] MWHC 489 (16 September 2014)
A creditor’s petition for compulsory winding up granted where the respondent failed to pay a statutory demand within 21 days.
Company law – Winding up – Inability to pay debts – Statutory demand and 21-day period – Uncontested creditor petition – Appointment of official receiver – Costs awarded.
 16 September 2014
Malawi Revenue Authority v Munshi (Civil Appeal Cause 67 of 2013) [2014] MWHC 506 (11 September 2014)
11 September 2014