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Malawi Supreme Court of Appeal - 2015 February

3 judgments
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3 judgments
February 2015
Opportunity Bank v Chalanda t/a Mtupanyama Holdings (MSCA Civil Appeal No. 35 of 2011) [2015] MWSC 2 (25 February 2015)
Whether the bank waived security requirements, caused the borrower's losses, and lawfully realised charged property.
  • Banking and secured transactions — loan facility vs overdraft; waiver/variation by conduct; causation for consequential trading losses; validity of statutory demand; exercise of power of sale — duty to act in good faith, adequate valuation and chargor's interests; res judicata.
25 February 2015
Terrastone Construction Limited v Chatuntha (Civil Appeal 168 of 2009; MSCA Civil Appeal 60 of 2011) [2015] MWSC 472 (6 February 2015)
Summary dismissal for theft was unlawful due to lack of a fair hearing; compensation assessed under statutory formula.
  • Employment law — unfair dismissal — summary dismissal for theft — procedural fairness (right to be heard) — compensation under s63(4)–(5) — assessment of damages — limits on drawing inferences (Order 59 Rule 2).
6 February 2015
Terrastone Construction Limited v Chatuntha (MSCA Civil Appeal Case No. 60 of 2011) [2015] MWSC 3 (5 February 2015)
5 February 2015