Skip to document content Skip to main menu Skip to search

High Court of Malawi - 2015 July

4 judgments
Advanced search
Skip past Court registries
Skip past years
Skip past months
Filters
Skip to results
4 judgments
July 2015
S v Council, University of Malawi|Ex Parte: University of Malawi Workers Trade Union (Misc. Civil Cause 1 of 2015) [2015] MWHC 494 (27 July 2015)
The respondent cannot unilaterally declare a strike illegal or withhold pay; only the IRC or High Court may do so.
  • Labour Law
    • — Strike Procedures — Jurisdiction to declare strike illegal — Labour Relations Act ss44–46 — Industrial Relations Court/High Court determination
    • — Administrative Action — Ultra vires declaration and Wednesbury unreasonableness — Employer’s unilateral sanctioning of striking employees
    • — Disciplinary Procedure — Deduction/withholding of wages for absenteeism — Requirement for lawful basis and individual right to be heard (Employment Act s56)
27 July 2015
S v Malawi Communications Regulatory Authority & Anor.; Ex Parte Talkawe! Ltd (None) [2015] MWHC 462 (23 July 2015)
Applicant lacked sufficient interest to challenge the authority’s reopening of licence negotiations and appointment decisions.
  • Administrative law — Judicial review — Standing/Sufficient interest to seek review — Applicant’s operational capacity versus licensed network operator
  • Communications law — Licensing — Individual versus general licence — Voice telephony and requirement for individual licence under s 18(3)(a) of the Communications Act
23 July 2015
Cassim v Ridgeview Investment and Others (Personal Injury Case 323 of 2014) [2015] MWHC 513 (13 July 2015)
Court refused to strike out the defence, ordering defendants to amend inconsistent pleadings rather than dismissing them.
  • Civil procedure — Order 18 r.19 (strike out/amend pleadings) — discretionary power sparingly exercised — triable issues (contributory negligence) preclude striking out; inconsistent/embarrassing pleadings to be amended; Order 2 r.1 curative power.
13 July 2015
Banda & Anor. v Msofi (Civil Appeal 1147 of 2014) [2015] MWHC 498 (2 July 2015)
Magistrate court lacked jurisdiction over leased farm land; judgment set aside and land vested in appellant pending High Court proceedings.
  • Civil procedure — Jurisdiction — Subordinate magistrate courts — Section 39(2)(a) Courts Act — Land comprising a leased farm — Proceedings void for lack of jurisdiction — Judgment set aside; interim vesting of land in appellant pending High Court determination.
2 July 2015