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High Court of Malawi Civil Division - 1996 July

3 judgments
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3 judgments
July 1996
Kamlete v AG (Civil Cause 925 of 1995) [1996] MWHCCiv 16 (19 July 1996)
Originating summons inappropriate because substantial factual disputes about the applicant's interdiction and alleged defamation require proceedings by writ.
  • Public Service interdiction — Section 27(1)(a) Public Service Act — Originating summons v writ (Order 5 rule 4) — Substantial disputes of fact — Alleged defamation and damages — Procedural requirement for trial where affidavits insufficient.
19 July 1996
Ligoya & Othersv v Reserve Bank of Malawi (Civil Cause 196 of 1993) [1996] MWHCCiv 25 (19 July 1996)
Reinstated employees entitled to commuted leave pay as "salary" under consent order; non-contractual allowances not payable.
  • Employment law — reinstatement and assessment of back-pay — interpretation of consent order — commutation of leave pay as contractual "salary" — non-contractual allowances not recoverable — deduction limited to terminal benefits/ex-gratia/gratuity and specified sums — burden on employer to prove failure to mitigate.
19 July 1996
Club Makokola Ltd v AG (National Statistical Office) (Civil Cause 1542 of 1994) [1996] MWHCCiv 7 (18 July 1996)
18 July 1996