Skip to document content Skip to main menu Skip to search

Malawi Supreme Court of Appeal - 1998

3 judgments
Advanced search

Court registries

All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
3 judgments
Citation
Judgment date
November 1998
Malawi Railways Ltd v Nyasulu (MSCA Civil Appeal 13 of 1992) [1998] MWSC 3 (10 November 1998)
Pensionable status does not, without clear wording or pleading, preclude termination on contractual notice; appeal allowed and pension benefits awarded with interest.
Employment law – implication of terms – pensionable or "permanent" employment does not, without clear language, prevent termination by notice; pleadings required for implied terms – tort claims not to supplant contractual claims
 10 November 1998
August 1998
Registered Trustees of Christian Service Committee v Manadala Building Construction Co Ltd (MSCA Civil Appeal 9 of 1999) [1998] MWSC 1 (10 August 1998)
Court ordered return of employer-supplied materials, holding contractor’s lien invalid absent architect’s interim certificate.
Interlocutory mandatory injunctions — balance of convenience and conduct of parties; building contract lien — dependence on architect’s interim certificate (Clause 31); quantity surveyor valuations not substitute for architect’s certificate
 10 August 1998
April 1998
Damalekani v Damalekani (MSCA Civil Appeal 35 of 1996) [1998] MWSC 4 (9 April 1998)
Alleged partnership failed; truck treated as estate property and divided fairly between dependant and excluded child.
Wills and Inheritance Act ss.16(2)(b) and 17 – intestate succession – dependants' protection and fair distribution – alleged partnership not substantiated – estate property versus partnership property – remedy by transfer with compensation or sale and equal division.
 9 April 1998