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Malawi Supreme Court of Appeal - 2006

4 judgments

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4 judgments


December 2006
Stannic Bank Ltd v Mtukula (MSCA Civil Appeal 34 of 2006) [2006] MWSC 3 (19 December 2006) Court dismisses bank's appeal, finding employee not party to fraud and dismissal unfair; damages upheld. Employment law — unfair dismissal; factual findings on bank procedures and manager's duties final under s65 Labour Relations Act; absence of mens rea precludes dismissal for fraud; statutory awards (12 weeks, severance, s63(4) compensation) upheld.	19 December 2006
Kalowekamo v Malawi Environment Endowment Trust (MSCA Civil Appeal 28 of 2005) [2006] MWSC 2 (11 December 2006) Refusal to renew a genuine fixed-term contract does not constitute unfair dismissal under the Employment Act. :[	11 December 2006
October 2006
Chigawa v Mussa (MSCA Civil Appeal 13 of 2006) [2006] MWSC 1 (31 October 2006) An insurer not party to proceedings cannot appear or be subrogated without first indemnifying the insured. Civil Procedure — Appeals from Registrar — Re‑hearing under Order 58 — Issues may be raised afresh on appeal — Representation — Non‑party insurer’s right of audience — Insurance policy clause insufficient to confer right to appear; party status required Insurance Law — Subrogation — Requirement of indemnity — Insurer not subrogated where it has not paid the insured	31 October 2006
May 2006
New Building Society v Mumba (Civil Appeal 26 of 2005) [2006] MWSC 4 (12 May 2006) Section 71 permits sale by private treaty or auction; reserve-price approval required only for auctions, remedy for irregularity is damages. Registered Land Act s.71 — construction of 'shall' and 'may'; permissive sale by private treaty or public auction; reserve price required only for auctions; duty to act in good faith; remedy for irregular exercise = damages (s.71(3)); injunctions ordinarily not available.	12 May 2006