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Principal Registry - 1991 November

3 judgments
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3 judgments
November 1991
Mwasi v Malawi Certificate Examination and Testing Board (Civil Cause 453 of 1988) [1991] MWHC 26 (18 November 1991)
Whether an employer may bind an employee to amended superannuation rules or whether a later non‑pensionable contract abrogates earlier pension rights.
  • Employment law — Superannuation scheme — Power to amend scheme rules — Members bound by duly amended rules; Contract law — Variation and replacement of contracts — Fixed‑term contract abrogating earlier pensionable contract; Claim for pension shortfall and employer contributions.
18 November 1991
Maeresa v Electicity Supply Commission of Malawi (Civil Cause 218 of 1988) [1991] MWHC 27 (14 November 1991)
Whether the defendant’s driver negligently crossed into the plaintiff’s lane, causing the collision and vicarious liability, and appropriate damages.
  • Road traffic negligence — duty of care to other road users — determination of fault in opposite-direction collisions — evaluation of witness credibility and circumstantial evidence — vicarious liability of employer for driver — strict proof required for special damages — assessment of general damages for permanent disablement.
14 November 1991
General Agencies (CA) Ltd v Companies Act of the Laws of Malawi (Civil Cause 1103 of 1990) [1991] MWHC 16 (11 November 1991)
A creditor’s petition proved the company’s inability to pay debts; court ordered winding up and appointed the Administrator General as liquidator.
  • Companies Act s.213(3) — Creditor’s winding-up petition — inability to pay debts — service and publication of petition — appointment of Administrator General as liquidator and official receiver.
11 November 1991