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Principal Registry - 2001 October

2 judgments
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2 judgments
October 2001
Malawi Telecommunication LTD v Malawi Posts and Telecommunications Workers Union (Civil Cause 2721 of 2001) [2001] MWHC 107 (16 October 2001)
High Court has concurrent jurisdiction over many labour disputes; Industrial Relations Court’s jurisdiction is limited and does not oust ordinary courts.
  • Constitutional jurisdiction of High Court — Concurrent jurisdiction with Industrial Relations Court — Limits of Industrial Relations Court’s jurisdiction under Labour Relations Act and Employment Act — Distinction between statutory unfair dismissal and common-law contractual/tort remedies — Transfer versus dismissal of proceedings — Injunctive relief in labour disputes.
16 October 2001
Mobil Oil (Mw) (Pty) LTD v Malawi Railways LTD & two Others (Civil Cause 3575 of 1999) [2001] MWHC 109 (14 October 2001)
Interlocutory injunction to restrain alleged subletting was justified to preserve the status quo pending trial.
  • Interlocutory injunction — preservation of status quo pending trial — advertisement as evidence of intention to sublet or transfer — tenancy at will v. subsisting lease — successor in title’s rights and consent to subletting — weight of prior interlocutory findings.
14 October 2001