Kingstone lapukeni vs Malawi Revenue Authority
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Republic of Malawi Judiciary, In the High Court of Malawi, Principal Registry, Civil Division
Abstract
This case involves an appeal by Kingstone Lapukeni against the Malawi Revenue Authority (MRA) concerning the alleged wrongful and unfair termination of his employment contract. The appellant argued that his contract was renewed through conduct, evidenced by continued salary payments and allowances, despite the respondent asserting that his contract had expired and was not renewed. The Malawi High Court examined whether a valid contract existed beyond the initial expiry, considering the conduct of the parties, including continued employment and payment of benefits. The court found that the respondent accepted the contract through their conduct, thereby establishing its existence and unlawfulness of termination. The court reversed the lower tribunal’s decision, affirming that the contract was valid and unlawfully terminated, and ordered the respondent to pay damages. The case underscores the importance of conduct in contract renewal and the legal standards governing employment termination.
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Kingstone Lapukeni v Malawi Revenue Authority (IRC Appeal 10 of 2013), Malawi High Court, 17 January 2019, MWHC 85
