High Court of Malawi Civil Division - 2018 November

2 judgments

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2 judgments
Citation
Judgment date
November 2018
Registrar lacked jurisdiction to set aside or stay a final appellate order; fraud or incapacity challenges require appeal or fresh action.
Civil procedure – Registrar's jurisdiction under Order 25 CPR – expressio unius – challenge to final judgment obtained by fraud: remedy by appeal or fresh action – incapacity defence raised post-final judgment – assessment of damages directed by appellate court.
29 November 2018
High Court dismisses appeal, holding severance and pension payments were properly dealt with and factual findings are final.
Labour law – retrenchment – severance pay – appealability of factual findings from Industrial Relations Court under s.65 – pension/provident fund payments – discovery/refusal – fishing expedition.
2 November 2018