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High Court of Malawi - 2022 October

6 judgments
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6 judgments
Citation
Judgment date
October 2022
Chilinjara v X-Inc Company Limited (Criminal Cause 141 of 2021) [2022] MWHC 236 (30 October 2022)
Court held instruction fee payable once proceedings commenced, reduced fee and ordered revised costs payable within 14 days.
Costs — Instruction fee — Order 31 Rule 10 — Entitlement to instruction fee once proceedings commence in High Court even if no trial — Court's discretion to reduce quantum of fee.
 30 October 2022
S (on application of FDH Bank PLC) v Commissioner General of Malawi Revenue Authority (Judicial Review Case 6 of 202) [2022] MWHC 227 (24 October 2022)
Court granted extension to file for judicial review, finding no prejudice or inordinate delay, deferring statutory time‑bar issues to substantive hearing.
Civil procedure – extension of time to seek judicial review – discretionary power under Order 19 r.20(6) – considerations: prejudice to respondent/public, detriment to good administration, and reasonableness of delay; Tax law – limitation/sunset clause (s.125 Taxation Act) raised but not decided at extension stage.
 24 October 2022
Chirwa v Malawi Revenue Authority (IRC MATTER 361 of 2016) [2022] MWHC 207 (12 October 2022)
Court awarded 10% of the judgment plus assessed disbursements, refusing refresher fees for lack of evidence of three‑hour sittings.
Costs — assessment under Subordinate Court Rules Order XXX r 2 and Second Schedule — 10% of judgment debt awarded — refresher fees require continuous court seating of three hours or more and proof — additional heads allowed: attendance, service, disbursements, secretarial, stationery — total assessed MK3,772,260.76.
 12 October 2022
Misinkhu v Rab Processors Limited (MATTER NUMBER IRC 338 of 2013) [2022] MWHC 208 (10 October 2022)
Assessment of quantum for unfair dismissal: salary base, mitigation, pension and severance, with a 50% devaluation uplift.
Labour law — assessment of damages for unfair dismissal — appropriate salary base (statutory salary vs overtime) — mitigation of loss — entitlement to statutory employer pension contributions — severance pay calculation — adjustment for currency devaluation — inadmissibility of unpleaded heads of damage.
 10 October 2022
Chapambali & Others v G4S Security (Mw) Limited (IRC MATTER 404 of 2016) [2022] MWHC 199 (4 October 2022)
Assessment of compensation for unfair dismissal, applying mitigation, statutory minima and accepting uncontroverted applicant evidence.
Employment law – unfair dismissal – assessment of compensation – Section 63(4) & (5) Employment Act – mitigation of loss – severance pay – notice pay – withheld wages – effect of failure to call witnesses.
 4 October 2022
Chikomola v Matola (Child Justice Review Case 636 of 2022) [2022] MWHC 138 (4 October 2022)
Whether the respondent is liable to maintain the children and the appropriate financial and material maintenance order.
Child maintenance – liability to maintain children – assessment under Child Care Protection and Justice Act s.10 – orders for monetary upkeep, school fees, clothing, medical bills, rent contribution, vehicle provision – duration sv. s.15/s.16 – best interests of the child.
 4 October 2022