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Malawi Supreme Court of Appeal - 1998

3 judgments
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3 judgments
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