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Malawi Supreme Court of Appeal - 2010 November

4 judgments
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4 judgments
November 2010
Komwa v Chloride Batteries (MSCA Civil Appeal 50 of 2009) [2010] MWSC 2 (24 November 2010)
Where allegations are serious and accounts conflict, employers must afford an employee a meaningful hearing, often an oral one with opportunity to confront witnesses.
  • Employment law — Right to be heard — Section 57(2) Employment Act — Oral hearing not always required but necessary where allegations are serious and evidence is contradictory — Opportunity to confront and cross-examine witnesses — Procedural unfairness and unfair dismissal.
24 November 2010
Moyo v National Bank of Malawi (MSCA Civil Appeal 19 of 2009) [2010] MWSC 19 (11 November 2010)
Whether dismissal for alleged theft was fair despite the accuser not being called at the disciplinary hearing.
  • Employment law — dismissal for theft — corroborative documentary evidence (meter readings) — procedural fairness and right to confront accuser — section 59(1)(a) summary dismissal — section 61(2) equity.
11 November 2010
Auction Holdings v Sangwani Judge Hara & 3 Others (Commercial Cause 130 of 2009; MSCA Civil Appeal 69 of 2009) [2010] MWSC 30 (10 November 2010)
Fresh evidence proving company’s public status admitted on appeal where necessary for justice and where counsel misled the trial court.
  • Fresh evidence on appeal — Order III r.24 — two limbs (broad discretion for furtherance of justice; narrower post-decision facts limb) — relationship to Ladd v
  • Marshall — admissibility of company documents filed with Registrar — effect of counsel’s misleading conduct
10 November 2010
Nkhukuti Beach Resort Ltd and Ors v Mwafulirwa & Anor. (MSCA Civil Appeal 65 of 2009) [2010] MWSC 4 (3 November 2010)
Possession gives locus standi in trespass; trespass and assault upheld, but damages substantially reduced on appeal.
  • Company law — separate legal personality; Possession as locus standi in trespass; Trespass to land — unauthorised interference with possession; Public right of way defence — requirement to plead and prove; Assault — liability of agents/employees; Appellate review of damages — re-assessment where award is manifestly excessive.
3 November 2010