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High Court of Malawi Civil Division - 2018 November

2 judgments
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2 judgments
November 2018
Nanchinga v Re-Union Insurance Co. Ltd (Personal Injury Case 809 of 2011) [2018] MWHCCiv 4 (29 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
Mbewe and Others v Shire bus line Ltd (IRC Appeal 11 of 2011) [2018] MWHCCiv 31 (2 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