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Principal Registry - 2024 February

8 judgments
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8 judgments
February 2024
Penguins Construction Company v Vale Logistics Limited (Commercial Cause 34 of 2023) [2024] MWHC 5 (28 February 2024)
A party’s mere dissatisfaction with an arbitrator’s merits findings does not amount to misconduct warranting setting aside the award.
Arbitration — setting aside award — misconduct standard — arbitrator’s procedural discretion — inspection of materials — merits disagreement not ground for removal of arbitrator.
 28 February 2024
Kuluwani v National Bank of Malawi (MATTER NUMBER IRC 488 of 2015) [2024] MWHC 73 (20 February 2024)
Court awards compensation and statutory severance using current salary, reduced for applicant’s partial contribution; appeal conditional on 50% payment.
Employment law – unfair dismissal for procedural unfairness – assessment of compensation under s63(4) and (5) Employment Act – use of current salary to preserve purchasing power – partial contribution reduces discretionary award – statutory severance calculation (First Schedule, s35(2)) – appeal conditional on payment of 50% (no automatic stay).
 20 February 2024
Bilderberg Limited and Another v Ecobank Malawi Limited and Another (Commercial Cause 160 of 2022) [2024] MWHC 8 (15 February 2024)
Preservation order expired after 90 days; no forfeiture application was pending, so frozen accounts must be unfrozen.
Financial Crimes Act s67(b) — preservation orders expire after 90 days unless a forfeiture application is pending; meaning of "application pending"; Courts Act s3(1) — issuance/placement of process; civil forfeiture prerequisites and necessity of predicate offence; unfreezing accounts where preservation order expired.
 15 February 2024
Phekani v Highlands Leisure Limited (Commercial Cause 283 of 2017) [2024] MWHC 6 (15 February 2024)
Whether arbitration was waived and unfulfilled conditions precedent rendered the share purchase agreement unenforceable.
Arbitration clause — waiver by filing defence; Rule in Turquand — apparent authority of managing director/sole shareholder; Conditions precedent — failure to fulfil renders share purchase agreement unenforceable; Share transfer — essential for completion; Costs follow event.
 15 February 2024
DJ Kingsley Trading Company Limited v FDH Bank Limited (Commercial Cause 231 of 2019) [2024] MWHC 9 (12 February 2024)
A very late, extensive re-amendment was refused where it would unfairly prejudice the respondent and disrupt court resources.
Civil procedure – amendment of pleadings — O.7 r.23 CPR 2017 — very late re‑amendment after closure — overriding objective and case management — prejudice not compensable by costs — reintroduction of issues disposed at mediation.
 12 February 2024
Mhango t/a Thekwini v My Bucks Banking Corporation Limited (Commercial Cause 133 of 2022) [2024] MWHC 7 (12 February 2024)
Summary judgment refused due to genuine disputes over repayment, interest, and entitlement to punitive damages.
Summary judgment — Genuine dispute of fact — Repayment of guaranteed funds — Assessment of interest and loss — Punitive damages in contract require proof of deliberate tortious conduct — Mediation or trial required.
 12 February 2024
Kaimila v Bandawe (Commercial Cause 266 of 2022) [2024] MWHC 10 (6 February 2024)
Summary judgment granted for a written MK10,000,000 loan; defendant’s illegality and repayment defences found unarguable.
Contract law – written loan agreement – existence and enforceability; summary disposal under procedural rules; illegality defence and Financial Services Act; unconscionability and bargaining power; estoppel and proof of repayment.
 6 February 2024
Patel v Hytenget (Commercial Cause 75 of 2021) [2024] MWHC 4 (1 February 2024)
1 February 2024