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Lilongwe District Registry - 2023 November

2 judgments
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2 judgments
November 2023
Chiramiramadzi v Lilongwe District Council and Maikolo (Land Cause 884 of 2013) [2023] MWHC 71 (14 November 2023)
Claimant had no contractual right of first refusal; council sale lawful; action dismissed and claimant ordered to vacate and pay arrears.
  • Local government property disposals — right of first refusal requires contractual or legal instrument; legitimate expectation requires judicial review procedure; failure to advertise does not automatically invalidate council disposals; specific council housing policy governs eligibility.
14 November 2023
Kayamba Phiri v Agricultural Development and Marketing Corporations LTD (Civil Appeal 15 of 2010) [2023] MWHC 72 (14 November 2023)
Disciplinary minutes not obligatory; dismissal for supervisory neglect upheld; deduction of terminal benefits to recover shortages held unlawful.
  • Employment law — disciplinary procedure and natural justice — no legal requirement to record/tender disciplinary minutes; Appeals from IRC limited to questions of law or jurisdiction (Labour Relations Act s65); supervisory negligence may justify dismissal; Employment Act (ss52,56) restricts deductions from wages and prohibits offsetting unexplained stock shortages against terminal benefits.
14 November 2023