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High Court of Malawi Civil Division - 2020 September

4 judgments
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4 judgments
September 2020
Mhango v Mwangwazu and Another (Civil Cause 105 of 2017) [2020] MWHCCiv 49 (24 September 2020)
Claimant failed to prove driver’s negligence or resulting damages; documentary and witness evidence not tendered, each party to bear own costs.
  • Negligence — burden of proof on claimant — requirement to prove duty, breach and causation — pedestrian also owes duty of care — failure to tender documentary evidence and call witnesses fatal to claim — res ipsa loquitur not invoked or pleaded — insurer liability fails if primary claim not proved.
24 September 2020
S (on application of Registered Trustees of African Evangelical Church) v Blantyre City Assembly & Anor. (Judicial Review Cause 28 of 2019) [2020] MWHCCiv 44 (18 September 2020)
18 September 2020
R v David Gondwe (Confirmation Case 360 of 2013) [2020] MWHCCiv 35 (16 September 2020)
16 September 2020
Telekom Networks Malawi Ltd v Bodole (Civil Appeal Cause 4 of 2019) [2020] MWHCCiv 42 (10 September 2020)
Section 32(2) mandates automatic transfer on existing terms; purchaser cannot replace terms and early retirement was unlawful.
  • Employment law — Sale of undertaking — Section 32(2) Employment Act — automatic transfer and continuity of contract; offer of new terms by transferee unenforceable; unlawful early retirement = breach/unfair dismissal; assessment of damages under section 63 — just and equitable, mitigation and marketability; quantum substituted at 28 months' pay.
10 September 2020