High Court of Malawi - 2023 April

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3 judgments

Citation	Judgment date
April 2023
Maloya v Phiri (Personal Injury Cause 87 of 2019) [2023] MWHC 112 (19 April 2023) Registrar found ambiguity in Order 13(6)(2) on restoring struck-out defences and referred the issue to the Judge. Civil procedure – mediation – Order 13(6): striking out defence vs dismissal of claim; scope of restoration under Rule 6(2); Registrar’s powers under Order 25; referral to Judge for authoritative determination.	19 April 2023
Rabson v Central High School (Personal Injury Cause 230 of 2020) [2023] MWHC 28 (5 April 2023) Experienced employee’s failure to take available precautions defeated negligence and statutory duty claims against the employer. Employer's duty of care; employee’s duty to take reasonable care; Occupational Safety, Health and Welfare Act (ss.13,18,58,65); contributory/sole negligence; res ipsa loquitur.	5 April 2023
Rabson v Central High School (Personal Injury Cause 230 of 2020) [2023] MWHC 64 (5 April 2023) An experienced worker’s failure to take available precautions defeated his claim of employer negligence and statutory breach. Personal injury – employer’s duty under Occupational Safety, Health and Welfare Act – alleged breach of statutory duty – contributory negligence by experienced employee – causation and failure to prove employer negligence.	5 April 2023