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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 defendant failed to prove fundamental non‑performance by the contractually required reports.
  • Contract — Termination for breach — Immediate termination under clause 19.1 — Termination must be founded on breach going to the root of the contract and be fair — Proof by contractually-prescribed weekly/completed field weeding reports
  • Evidence — Documentary proof and hearsay — Daily labour statistics and unverified photographs insufficient to establish contractual non‑performance
  • Contract law — Implied terms — No general implied duty of good faith in all commercial contracts under Malawian law
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