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Principal Registry - 1992 June

3 judgments
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3 judgments
June 1992
Tutla v Autocraft (Civil Cause 527 of 1988) [1992] MWHC 63 (26 June 1992)
26 June 1992
Nyasulu v Malawi Railways Limited (Civil Cause 202 of 1990) [1992] MWHC 49 (25 June 1992)
Court refused stay pending appeal, finding the respondent’s assets sufficient to secure repayment and rejecting speculative risks.
  • Civil procedure — Stay of execution pending appeal — evidentiary burden to show risk of judgment becoming nugatory — sufficiency of assets — alternative of payment into court — balancing respondent’s right to enforcement and appellant’s right to appeal.
25 June 1992
Makumba v Attorney General (Civil Cause 593 of 1988) [1992] MWHC 57 (19 June 1992)
Whether the defendant lawfully dismissed the plaintiff for theft and whether suspension without pay entitled the plaintiff to back pay.
  • Employment law — wrongful dismissal and summary dismissal under Malawi Public Service Regulations (Book Three); proof by confession and witness identification; verbal suspension; entitlement to pay during unlawful suspension; remedy and costs.
19 June 1992