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Principal Registry - 2023 April

3 judgments
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3 judgments
April 2023
Maloya v Phiri (Personal Injury Cause 87 of 2019) [2023] MWHC 112 (19 April 2023)
Registrar found ambiguity in Order 13(6)(2) on restoring struck-out defences and referred the issue to the Judge.
  • Civil procedure — mediation — Order 13(6): striking out defence vs dismissal of claim; scope of restoration under Rule 6(2); Registrar’s powers under Order 25; referral to Judge for authoritative determination.
19 April 2023
Rabson v Central High School (Personal Injury Cause 230 of 2020) [2023] MWHC 28 (5 April 2023)
Experienced employee’s failure to take available precautions defeated negligence and statutory duty claims against the employer.
  • Employer's duty of care; employee’s duty to take reasonable care; Occupational Safety, Health and Welfare Act (ss.13,18,58,65); contributory/sole negligence; res ipsa loquitur.
5 April 2023
Rabson v Central High School (Personal Injury Cause 230 of 2020) [2023] MWHC 64 (5 April 2023)
An experienced worker’s failure to take available precautions defeated his claim of employer negligence and statutory breach.
  • Personal injury — employer’s duty under Occupational Safety, Health and Welfare Act — alleged breach of statutory duty — contributory negligence by experienced employee — causation and failure to prove employer negligence.
5 April 2023