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Lilongwe District Registry- Civil Division - 2022 March

2 judgments
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2 judgments
March 2022
S (On application of Benard Ndau, Dr Agness Mwangwera and Beleke Kaomba representing themseleves and members of Kasungu Peoples Trust) v Kasungu Municipal Council , Chief Executive office of Kasungu Municipal Council, Mayor ( Kasungu Municipal Council) and Mafuta (Judicial Review Case 42 of 2021) [2022] MWHCCiv 33 (28 March 2022)
An added party cannot invoke non-party rule to vary a consent order; the proper remedy is appeal or action, application dismissed.
  • Civil procedure — Consent order — Setting aside or variation — Order 23(8) CPR (non-party relief) inapplicable to persons who are parties; aggrieved party should appeal or commence specific action.
28 March 2022
Chiviya v AG & Anor. (Civil Cause 204 of 2021) [2022] MWHCCiv 24 (23 March 2022)
Summary judgment dismissed where respondent raised arguable defence and relevant factual and legal disputes over alleged unfair dismissal.
  • Civil procedure — Summary judgment — Order 12 r23 and r26 — defendant must have no real prospect of defence and no relevant dispute of fact or law; Labour law — unfair dismissal — Employment Act s57 — forum conveniens — Industrial Relations Court.
23 March 2022