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All courts - 1996 September

3 judgments
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3 judgments
September 1996
The Attorney General v Chiume (Misc Civil Cause 23 of 1994) [1996] MWHCCiv 28 (26 September 1996)
Belated application to set aside default judgment denied where no acceptable explanation for delay beyond Order 35 Rule 2.
  • Civil procedure — setting aside default judgment — Order 35 Rule 2 (seven-day time limit) — extension of time — need for acceptable explanation for delay — discretion not exercised where delay unexplained.
26 September 1996
Kamala & 41 Others v Sable Farming Co. Ltd (Civil Cause 1448 of 1994) [1996] MWHCCiv 14 (11 September 1996)
Whether "basic pay" in the Wages Order means hourly pay and overtime is payable at one-and-a-half times the hourly rate.
  • Wages Order interpretation — "basic pay" construed as hourly rate; overtime payable at 1.5 times hourly rate; interest on wage arrears only where claim is a debt; costs each party to bear.
11 September 1996
Blantyre Netting Co v Chidzulo (MSCA Civil Appeal 17 of 1995) [1996] MWSC 1 (2 September 1996)
Payment in lieu of notice is "remuneration"; a clause allowing one month's pay for three months' notice violated the constitutional right to fair remuneration.
  • Constitutional law — Right to fair and safe labour practices and fair remuneration — Payment in lieu of notice constitutes remuneration — Contractual term permitting one month's pay in lieu of three months' notice inconsistent with constitution — Reciprocal clause insufficient where imbalance of bargaining power
2 September 1996