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Malawi Supreme Court of Appeal - 2006

4 judgments
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4 judgments
Citation
Judgment date
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)
Whether an insurer not party to proceedings may appear solely under a policy clause and who should bear resulting costs.
Civil procedure – appeal from Registrar to Judge in Chambers (Order 58) – rehearing; Insurance law – insurer’s right to defend under policy vs party status; Subrogation – requires prior indemnification; Representation – appearance by counsel for non-party; Costs – solicitor’s firm ordered to pay.
 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