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Principal Registry - 2024 October

3 judgments
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3 judgments
October 2024
Attorney General v Sunrise Pharmaceuticals Limited & Chombe Foods (MSCA Civil Appeal 11 of 2013) [2024] MWHC 72 (24 October 2024)
Application to file supplementary skeleton arguments deferred to the full bench; copies to be supplied by deadline or dismissed.
Civil procedure – interlocutory application for leave to file supplementary skeleton arguments – judicial discretion – timing and service of filings – appropriateness of single-member determination where appeal listed before full bench – procedural directions and automatic dismissal for non-compliance.
 24 October 2024
Mukteshwar Sugar Mills Limited v Salima Sugar Company Limited and 7 Others (Commercial Cause 136 of 2024) [2024] MWHC 52 (22 October 2024)
The applicant (Attorney General) lacks standing to be joined where government shareholding is held through a separate corporate entity.
Joinder of parties – Order 6 r 7 CPR – person "affected by a proceeding"; Company law – separate legal personality (Salomon) and shareholder standing; Contractual clauses – exclusive jurisdiction vs arbitration clause; Civil Procedure Rules – overriding objective and active case management; Judicial conduct – recusal of judge.
 22 October 2024
Ndau, Mafeni & Partridge v Press Corporation PLC (MATTER NUMBER IRC 417 of 2022) [2024] MWHC 54 (22 October 2024)
Failure to consult senior employees before retrenchment amounted to unfair dismissal and an unfair labour practice.
Employment law — retrenchment for operational requirements — duty to consult employees — fair and equitable procedure under s.61(2) Employment Act and s.31 Constitution — consultant-led functional review — adequacy of consultation; legitimate expectation from proposed contract change; severance versus gratuity/pension entitlements; interest on wrongfully withheld severance.
 22 October 2024