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Principal Registry - 2009 September

2 judgments
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2 judgments
September 2009
Mtakatifu v Small Enterprise Development Organisation of Malawi (Civil Cause 3076 of 2001) [2009] MWHC 231 (25 September 2009)
Writ limits claims to general damages; lender breached by failing to disburse full loan, plaintiff awarded general damages net K56,370.
  • Contract law — loan agreement — disbursement in installments — reasonable time for full disbursement; pleadings — Writ limits recovery; special damages inconsistent with amended Writ fall away; retention of security documents — no implied term to release where lender breached; counterclaim for repayment of partial advance dismissed.
25 September 2009
Mbwana v Blantyre Sports Club (Civil Cause 1430 of 2009) [2009] MWHC 229 (11 September 2009)
Silence after contractual probation can amount to tacit confirmation; employer cannot unilaterally vary terms or demote without consent.
  • Employment law — probation and confirmation — tacit confirmation where employer silent after contractual probation; employer cannot unilaterally extend probation or vary contract terms — right to be heard and fair labour practices (Constitution ss31, 43) — entitlement to post-probation benefits.
11 September 2009