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All courts - 2014 January

4 judgments
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4 judgments
January 2014
Kamwangala v R (Miscellaneous Criminal Appeal 6 of 2013) [2014] MWSC 2 (28 January 2014)
Court ordered immediate release, holding that continued 21‑day detention and disproportionate monetary conditions were unlawful.
  • Bail — interests of justice; unlawful conditional release (granting bail yet ordering continued detention); incomplete investigations insufficient to justify remand; proportionality and clarity of bail conditions; preservation of alleged proceeds via cautions.
28 January 2014
Blantyre Newspapers Limited v Simango (IRC Appeal 6 of 2011) [2014] MWHC 507 (20 January 2014)
Appeal dismissed: section 63 awards compensate pecuniary loss (monetary quantification), minima are floors, employer must prove non-mitigation.
  • Employment law — Unfair dismissal — Section 63 Employment Act: compensation for 'loss' (pecuniary), heads of loss not closed, awards must be quantified monetarily; s63(5) prescribes minima not mandatory month-per-year multipliers; burden of proof on employee for loss and on employer for failure to mitigate; appeal competent on question of law.
20 January 2014
Builders Suppliers Company Ltd v The Registered Trustees of the Christian Service Committee of the Churches in Malawi (Commercial Case 21 of 2011) [2014] MWHC 517 (8 January 2014)
8 January 2014
Nkhoma v Thomas and 2 others (Civil Cause 264 of 2011) [2014] MWHC 501 (6 January 2014)
The court dismissed the plaintiff’s claim for want of prosecution due to prolonged inactivity and awarded costs to the defendant.
  • Civil procedure — want of prosecution — striking out/dismissal for inordinate and inexcusable delay — dismissal on first application permissible in appropriate cases — failure to attend hearing as evidence of abandonment — costs to defendant.
6 January 2014