Principal Registry - 2001 January

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3 judgments

Citation	Judgment date
January 2001
Khan v Prime Insurance Company Limited (Civil Cause 2447 of 1998) [2001] MWHC 129 (26 January 2001) Insurer liable where no material misrepresentation and policy effective despite unpaid premium; unpaid premium and excess deducted from indemnity. Insurance law – misrepresentation and non-disclosure – proposal form – effect of insured’s lack of knowledge of importation values; Insurance law – non-payment of premium – insurer’s conduct in issuing policy treated as waiver; Deduction of unpaid premium and excess from indemnity; Claim for unpleaded contractual interest rejected.	26 January 2001
Chimbayo v Import and Export Malawi LTD (Civil Cause 1635 of 1997) [2001] MWHC 105 (16 January 2001) Summary dismissal held wrongful; one month’s salary awarded and unpaid overtime/holiday pay ordered, costs on subordinate scale. Employment law – summary dismissal – requirement to prove misconduct and call material witnesses – hearsay disregarded – wrongful dismissal where employer fails to prove misconduct; damages limited to earliest lawful termination (one month’s notice) – entitlement to unpaid overtime and holiday/weekend pay.	16 January 2001
Banda and 1 other v Packaging Industries Malawi Limited (Civil Cause 1750 of 1997) [2001] MWHC 128 (8 January 2001)	8 January 2001