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High Court of Malawi - 2015 August

4 judgments
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4 judgments
August 2015
Chapeyama t/a Nsamala Banja Weeding Contractor v Illovo Sugar (Malawi) Ltd (None) [2015] MWHC 476 (30 August 2015)
Immediate termination was unfair where the employer failed to rely on contractual quality reports and produced unreliable evidence.
  • Contract
    • — Implied Terms — No general duty of good faith implied by law into all commercial contracts in this jurisdiction
    • — Termination — Unilateral termination for breach must be for a fundamental breach and exercised fairly — Evidence should include contractual monitoring records (weekly quality reports)
30 August 2015
Erick Bvumbwe v Ken Bvumbwe & Anor. (Civil Appeal 159 of 2014) [2015] MWHC 504 (28 August 2015)
High Court set aside magistrate’s estate distribution for lack of jurisdiction and appointed the Administrator General to administer the estate.
  • Deceased estates — Jurisdiction of subordinate courts limited to 'small estates' (≤ K1,000,000) — Magistrate exceeded jurisdiction by distributing larger estate; jurisdiction can be raised on appeal; Administrator General appointed as receiver of letters of administration under s23.
28 August 2015
Banda v R (Criminal Appeal 88 of 2014) [2015] MWHC 507 (20 August 2015)
The appellant's theft-by-servant conviction was set aside for unsafe reliance on stock shortages and defective charging.
  • Criminal law — theft by servant — stock shortages — circumstantial evidence — exclusive control and access — alternative explanations — illicit enrichment requirement — inadmissible hearsay — defective omnibus charging.
20 August 2015
R v Lutepo (Criminal Case 2 of 2014) [2015] MWHC 492 (3 August 2015)
Sentencing may proceed while confiscation/penalty applications are postponed, but confiscation (in rem) and pecuniary penalties (in personam) are treated differently and procedural safeguards apply.
  • Money laundering — MLA: confiscation order is in rem against tainted property; pecuniary penalty/payment-in-lieu is in personam and punitive; Section 51(2) permits deferral of confiscation/penalty proceedings; sentencing and confiscation largely separate but procedural safeguards required when proceedings are postponed; disclosure order for bank cheque images.
3 August 2015