Skip to document content Skip to main menu Skip to search

Malawi Supreme Court of Appeal - 2010 November

4 judgments
Advanced search

Court registries

All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
4 judgments
Citation
Judgment date
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