Results.
126 judgments found.
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| May 2026 |
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Employer held vicariously liable for senior employees' sexual harassment; damages reduced for claimant’s contributory factors.
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Employment law — Vicarious liability — Sexual harassment by senior employees — Employer’s duty to take reasonable preventive measures
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Civil damages — Assessment of damages for sexual assault — Reduction where claimant’s conduct and evidentiary gaps affect quantum
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11 May 2026 |
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Retrenchment justified by COVID‑19 substantively, but procedurally unfair; compensation and severance to be assessed.
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Labour Law
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Retrenchment/Redundancy — Operational requirements and evidential proof of financial distress
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Procedure in retrenchment — Meaningful consultation, representation and transparent selection criteria
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Remedies — Compensation for unfair dismissal and severance allowance; pension claim requires evidential foundation
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11 May 2026 |
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IRC may determine statutory discrimination claims; discrimination found and compensation to be recalculated without arbitrary boost.
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Employment law — Workplace discrimination — Recruitment and prospective employees — Employer liability under Employment Act ss 5–7 for discriminatory referral and restoration remedies
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Civil procedure — Jurisdiction — Industrial Relations Court jurisdiction over statutory discrimination claims but not torts (defamation, breach, inducement) — Employment Act ss 3,7
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Remedies — Assessment of compensation — Currency denomination and boosting — Dollarization and reassessment ordered; arbitrary percentage boosts set aside
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8 May 2026 |
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Application to set aside default judgment dismissed for unexplained delay, lack of meritorious defence and counsel misconduct.
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Civil procedure — Default judgment — Setting aside — Requirements under Order 12 Rule 21 CPR 2017 — Reasonable cause, meritorious defence, explanation of delay, interest of justice
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Professional misconduct — Misleading court and unauthorised removal/replacement of court file documents — Abuse of process and adverse effect on relief
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8 May 2026 |
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8 May 2026 |
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Whether a blanket prohibition on Indian Hemp possession without a religious exemption unjustifiably limits the applicant's freedom of religion.
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Constitutional law
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Freedom of religion — Prohibition on sacramental cannabis possession — Justifiable limitation under s44 of the Constitution
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Equality — Facially neutral drug prohibition — Not discrimination where law applies generally
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Human rights — Human dignity — Criminalisation of religious drug possession — Does not necessarily negate essential content of dignity right
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8 May 2026 |
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Label 'temporary' insufficient; employees unfairly dismissed and entitled to statutory notice, leave, holiday, overtime and compensation.
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Employment Law
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Contracts — Specific‑task/fixed‑term v Unspecified‑period — Whether temporary label establishes contract type — Employment Act ss 25,28
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Unfair Dismissal — Operational requirements and procedural fairness — Burden on employer to prove reason and justice in termination — Employment Act ss 57,61,63
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Remedies — Entitlement to notice, accrued leave, public holiday pay, overtime and assessment procedure — Records and Registrar assessment
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8 May 2026 |
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Applicants failed to prove an employment relationship; unfair dismissal and compensation claims dismissed.
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Employment Law — Employment Relationship — Whether casual ("ganyu") workers constitute employees — Consideration of regularity, control, economic dependence and integration — Employment Act ss 3, 28, 57, 61
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4 May 2026 |
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Applicants awarded limited unpaid annual leave; gratuity and overtime/public‑holiday claims dismissed for lack of proof.
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Employment Law — Remuneration & Working Time — Gratuity, Annual Leave, Overtime and Public Holiday Pay — Burden of proof, role of employer records and union computations — Employment Act ss 35A, 36–40, 44–45, 51, 53
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4 May 2026 |
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Employer failed to prove misconduct and conducted an unfair disciplinary process; dismissal and labour practices were unlawful.
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Employment Law
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Dismissal — Substantive and procedural fairness — Burden on employer to prove misconduct (Employment Act ss 57, 61)
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Disciplinary Procedure — Evidence, material witnesses and site inspection — Fair opportunity to test core defences
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Constitutional Law — Fair Labour Practices — Employer’s duty to treat junior employee even‑handedly; clear and timely communication of dismissal (Constitution s 31)
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4 May 2026 |
| April 2026 |
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Production of official electoral documents raises a prima facie case, shifting evidential burden to the electoral commission; failure to explain irregularities voids the election.
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Electoral law
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Evidence — Burden of proof as to authenticity of statutory electoral documents — Production of Form 18B raises prima facie case and shifts evidential burden to electoral commission
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Conduct of elections — Recording and authentication requirements — Irregularities affecting figures/words and signatures vitiate election — Elections Act s101(3)(b)
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28 April 2026 |
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Summary dismissal held substantively and procedurally unfair; applicant entitled to compensation and unpaid terminal benefits.
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Employment Law
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Dismissal — Substantive fairness: requirement to prove misconduct (insubordination; gross negligence)
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Procedural fairness — Predetermination, impartiality of disciplinary panels and right to test adverse evidence
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Remedies — Compensation, severance, notice, gratuity and leave pay; assessment to quantify awards and avoid double recovery
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27 April 2026 |
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Acting Director General’s involvement in disciplinary steps created conflict and rendered dismissal procedurally unfair.
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Employment law
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Procedural fairness in disciplinary proceedings — Whether appellate officer’s prior involvement in preliminary disciplinary acts renders dismissal unfair — Employment Act s 61(2)
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Internal policies — Authority to suspend — Interpretation and breach of Conditions of Service clause 11.5.3.2
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Right to fair hearing — Disclosure of evidence and ambush — Duty to inform accused of case against them
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24 April 2026 |
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Whether a service recipient can be liable as employer despite contractor agreements where significant factual disputes exist.
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Labour law
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Procedure — Disposal on point of law — Whether summary determination appropriate where material factual disputes exist
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Employment — Joint employment / employer de son tort — Whether a service recipient can be treated as employer despite written contractor agreement — Parol evidence and Section 71(2) Labour Relations Act
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24 April 2026 |
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Court dismissed respondents’ short‑point motion, finding disputed facts precluded summary disposal under s.32(2)/s.42 Employment Act.
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Labour Law
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Transfer of undertaking — Whether s.32(2) and s.42 Employment Act operate automatically absent disputed factual foundation — Employment Act ss 32(2), 42
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Constructive dismissal and unfair labour practices — Whether documentary record alone can resolve contested allegations of duress, discrimination and procedural fairness
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Civil Procedure — Summary disposal — Whether matter fit for determination on a point of law without viva voce evidence — IRC Rules r.16(1); Labour Relations Act s.67
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22 April 2026 |
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Court dismissed the appeal for want of prosecution after finding inordinate delay and struck out late supplementary material.
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Civil Procedure
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Dismissal for Want of Prosecution — Inordinate and Inexcusable Delay — Order 12 r.54 CPR
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Representation — Notice of Change of Legal Practitioner — Irregularity Curable — Order 33 CPR
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Striking Out Documents — Fresh Issues and Prejudice — Order 10 r.1 CPR
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21 April 2026 |
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Court refused bail review and denied DNA production, finding detention justified by public interest and irrelevance of the DNA request.
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Criminal procedure
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Bail — Interest of justice and public interest — Whether continued detention justified where accused has case to answer and may delay administration of justice
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Presumption of innocence — Effect of finding of a case to answer on the presumption of innocence
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Production of evidence (s255(4)(b) CP & EC) — Whether court should order DNA production where paternity is irrelevant and application is vexatious
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21 April 2026 |
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Court dismissed challenge: NGO lacked standing and pension and written‑particulars exemptions were constitutional.
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Constitutional law — Standing — Public interest/representative standing — Organisations must establish a direct or sufficient interest to litigate on behalf of others
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Labour and social security — Pension exemptions — Ministerial power to exempt classes from mandatory occupational pension — Reasonableness, proportionality and non‑discrimination; Pension Act s11; Constitution ss13, 20, 30, 31
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Employment law — Written particulars of employment — Threshold of five employees — Constitutionality and permissible limitation; Employment Act s27(4)
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16 April 2026 |
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15 April 2026 |
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15 April 2026 |
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Use of the wrong prescribed notice form nullified the appeal; absence of a memorandum meant no competent appeal existed.
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Civil procedure
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Appeals from subordinate court to High Court — Notice of appeal — Prescribed Form 26 mandatory; use of Supreme Court of Appeal form invalidates appeal
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Record of appeal — Memorandum of appeal (grounds) integral to record of appeal; absence means no appeal
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Procedural irregularity — Fundamental defects in prescribed form cannot be cured by inherent jurisdiction or Order 2 relief
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14 April 2026 |
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14 April 2026 |
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Statutory forum under the Waterworks Act requires transfer; injunctive relief does not confer High Court jurisdiction.
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Civil procedure
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Jurisdiction — Transfer to Resident Magistrate’s Court under Section 13 Waterworks Act
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Interim relief — Injunctions do not confer High Court jurisdiction — Courts Act s39(2)(b)
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Subordinate courts — Interlocutory powers — Order 12 Rule 7 consistent with s39 and not an injunction
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13 April 2026 |
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Employer failed to prove performance-based dismissal and denied the applicant a hearing; dismissal unfair, damages and severance ordered.
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Labour Law
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Unfair Dismissal — Substantive fairness and employer’s burden under s61 Employment Act
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Procedural Fairness — Performance Improvement Plan versus disciplinary hearing; right to be heard under s57(2) Employment Act
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Unfair Labour Practices — Performance management, reasonable targets, and employer’s duty to provide support
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13 April 2026 |
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Employer failed to prove misconduct; dismissal was substantively unfair and withholding of earned bonus was unjustified.
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Employment Law
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Unfair Dismissal — Substantive fairness and employer’s burden under Employment Act ss57, 58, 61
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Procedural Fairness — Right to be heard and access to disciplinary documentation
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Benefits — Withholding accrued bonus as monetary sanction and interplay with Employment Act s56
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13 April 2026 |
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Section 19 immunity under the Environmental Management Act 2017 extends to duly authorised private licence-holders; claimants must prove bad faith.
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Environmental law — Statutory immunity — Whether s.19 of the Environmental Management Act 2017 extends to private licence-holders
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Statutory interpretation — Ejusdem generis and marginal notes — Whether ejusdem generis restricts the scope of s.19 of the Act
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9 April 2026 |
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Order to set aside default judgment
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9 April 2026 |
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9 April 2026 |
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8 April 2026 |
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Probationary status does not permit dismissal without fair reason or hearing; compensation ordered, injunction discharged.
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Employment Law
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Unfair Dismissal — Probationary status does not negate substantive or procedural fairness
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Remedies — Reinstatement v Compensation; reinstatement discretionary and compensation appropriate where reinstatement impractical
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Civil Procedure — Disposal on Point of Law — Threshold; matter fit for summary determination where material facts are admitted or not genuinely in dispute
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7 April 2026 |
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Employer failed to prove misconduct; dismissal substantively unfair and unfair labour practices established.
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Employment Law
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Unfair Dismissal — Substantive and Procedural Fairness — Employer’s Burden to Prove Reasons under Employment Act ss 57, 61
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Unfair Labour Practices — Working Conditions and Tools of Trade — Failure to Provide Transport, Reimburse Expenses and Provide Workable Relocation — Constitution s 31(1)
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6 April 2026 |
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Statutory procedures must be followed to challenge freezing/restriction orders; defective CPR filings are rejected.
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Civil procedure — Commencement of action — Summons (Specially Endorsed) vs "Statement of Case"; Statutory procedure — Financial Crimes Act and Corrupt Practices Act — remedies for freezing directives and restriction notices; Interlocutory applications — notice and signature requirements; Registry jurisdiction (Lilongwe v Blantyre)
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2 April 2026 |
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1 April 2026 |
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Court substituted imprisonment with compensation to secure the convict’s parental responsibility and child welfare.
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Criminal law — Sexual offences — Sexual intercourse with person under 18 — Consent immaterial under section 138(1) Penal Code
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Criminal procedure — Sentencing and disposal — Compensation and discharge as alternative to imprisonment under section 32 Penal Code and section 337(1)(c)(i) Criminal Procedure and Evidence Code
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Family law — Civil remedies — Victim’s right to pursue maintenance under section 96 Marriage Divorce and Family Relations Act
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1 April 2026 |
| March 2026 |
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31 March 2026 |
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26 March 2026 |
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26 March 2026 |
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A fixed-term contract ended on its date; withholding the applicant’s terminal benefits was unlawful absent a statutory deduction.
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Employment law — fixed-term contract — termination by effluxion of time — tacit renewal; withholding of terminal benefits — Employment Act ss 52 & 56 — permissible deductions limited to restitution for property damaged by employee; procedural fairness and adequacy of disciplinary findings; criminal acquittal corroborating civil/disciplinary insufficiency
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25 March 2026 |
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Overtime claims predating 7 September 2016 dismissed as statute-barred; only 2016–2022 period survives.
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Limitation law — section 4(1)(a) Limitation Act — contractual causes accrue at breach; continuing-breach doctrine not recognised in Malawian Limitation Act; period of six years applies to contract claims; pleadings — requirement of clarity and particularity in IRC proceedings; strike-out or amendment remedies available
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25 March 2026 |
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Redundancy dismissals without meaningful consultation are unfair; affected employees are entitled to compensation.
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Labour law — redundancy and operational requirements — duty to consult — fairness and equity in retrenchments — evidential burden on employer to show consultation and objective selection criteria — entitlement to compensation under s63(1)(c)
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25 March 2026 |
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25 March 2026 |
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The court declined to assess the applicant's compensation because the deputy chairperson's award was unreasoned and legally defective.
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25 March 2026 |
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Applicant unfairly dismissed due to procedural ambush and absence of documentary evidence supporting alleged misconduct.
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Employment law — unfair dismissal — procedural fairness: right to know particulars and evidence — substantive fairness: need for documentary proof in stock/reconciliation disputes — burden on employer to justify dismissal
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25 March 2026 |
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Applicant's resignation was voluntary; constructive dismissal, severance and terminal-due claims were dismissed.
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Employment law — Constructive dismissal — resignation shortly after filing grievances; burden on employee to prove repudiatory conduct; timing of resignation; pension under-remittance due to former accountant's fraud and employer remediation; discrimination requires comparator evidence; late-raised PPE and loan-deduction complaints cannot ground constructive dismissal
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20 March 2026 |
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19 March 2026 |
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Amendment to claim for statutory collection costs under new rules denied because the rules do not apply retrospectively to pending proceedings.
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Civil procedure — Amendment of pleadings — Application of subsequently enacted subsidiary legislation to proceedings already commenced — General Interpretation Act s 14(1)(a)
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18 March 2026 |
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Amendment seeking to apply collection-costs rules enacted after proceedings commenced cannot be allowed as retrospective.
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Civil procedure
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Amendment of pleadings — Application of new subsidiary legislation to pending proceedings — Retrospective operation and General Interpretation Act s 14(1)(a)
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Costs — Recoverability of statutory collection costs under Legal Education and Legal Practitioners (Remuneration) Rules 2025 — Non-retrospective application where proceedings commenced prior to enactment
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18 March 2026 |
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18 March 2026 |
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12 March 2026 |
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10 March 2026 |