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Blantyre Principal Registry - 2024 February

2 judgments
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2 judgments
February 2024
Kawinga v Satemwa Tea Estates Limited (Personal Injury Cause 118 of 2019) [2024] MWHC 27 (28 February 2024)
Employer did not breach statutory or common‑law duty; claimant failed to prove negligence and was himself negligent, claim dismissed with costs.
  • Occupational safety — Employer's duty of care under Occupational Health, Safety and Welfare Act — Employee's reciprocal duty to take reasonable care — Proof of negligence on balance of probabilities — Contributory negligence and credibility findings.
28 February 2024
Mkandawire v Nihaka and 2 Others (Miscellaneous Civil Application 56 of 2023) [2024] MWHC 70 (19 February 2024)
An applicant cannot obtain leave to appeal to the SCA on an interlocutory matter without certified lower-court refusal and procedural propriety.
  • Civil procedure — Leave to appeal — Requirement to seek leave in the court below and to produce certified refusal before approaching appellate court — Interlocutory/non-final matters not appealable — Procedural propriety for litigants in person.
19 February 2024