High Court of Malawi Civil Division - 1993 July

2 judgments

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2 judgments
Citation
Judgment date
July 1993
Court granted a stay to enforce an arbitration clause; time limits can be extended under the Arbitration Act.
Arbitration clause – stay of proceedings – arbitral award as condition precedent – correspondence construed as settlement attempts not refusal to appoint arbitrator – court’s power to extend arbitration time under s.14(2) Arbitration Act – readiness to arbitrate justifies stay.
29 July 1993
Employer liable for inadequate machine guarding; plaintiff partly negligent; damages reduced by 25%.
Employer's duty of care – machinery guarding – inadequate guard leaving gap between chain and conveyor – contributory negligence by employee – apportionment of liability – damages for amputation.
16 July 1993