High Court of Malawi Civil Division - 1995 February

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2 judgments

Citation	Judgment date
February 1995
Stuttafords (PVT) v Stuttafords Ltd (Civil Cause 526 of 1994) [1995] MWHCCiv 28 (9 February 1995) Whether a later-registered company using a similar name in the same business constitutes passing off and may be restrained. Company names — Passing off — Similarity of names in same trade likely to cause confusion — Common-law right to protect goodwill — Striking name from register and injunctive relief.	9 February 1995
Sivaswamy v Agason Motors Ltd (Civil Cause 1037 of 1994) [1995] MWHCCiv 26 (8 February 1995) Oral expatriate employment contract enforceable; employer’s failure to reduce to writing and wrongful termination entitles employee to damages. Employment law – oral expatriate employment contract enforceable – Ministerial Application Order excludes s.12(1)(e) – employer’s failure to reduce to writing and wrongful termination – implied reasonable notice (three months for senior expatriate) – damages awarded.	8 February 1995