Kalonga v AG (Civil Cause 2010 of 1994) [1996] MWHCCiv 9 (20 March 1996)

r - · - - - -- . IN 'THE l[[GH CDUJ~T' OY 11ALAWI PI{_1NCIPAL REG-15'TI"<Y ·CIVIL CAUSE NO . 2010 OF 1994 / . . . . . . . . . . . . . . . . . . . . . . . . . PLAINTIFF AND rlHE AT10HNEY . . . . . . . . . . . . . . . . . . . . . . . . . . . . DEFENDANT' CDRAtl : W. W. 00I0, DE1JlFI'Y R03ISil~AR R. lliDNI OF a)UNCEL FDR TIIE PLAINTIFF l::[ULING By a wri t of summons da tBi 24th October, 1994 , "salary again_st plair1t i ff arrrnrs f r om April, 1992. to October> 1.994 > notice of FBY f or um_lateral termtnatton of contract and costs. " the deferdant claima:1 There beinJ no notice of j _ntention to def end g iven the plaJntif f entered a dr~fault the plaintiff on 9th December, 1994. It was adj u =lgal that to be the def end.ant clo F:-1Y assesse:l arr:1 cost to be taxed. the plaint:if f darrages jmgement agaiJist The 1re.t ter comr~s for assessment of arrears of ~lary from Apri l , 1992 to October, 1994. rlhe pl a i n tiff gave the f ollowtrrJ evidence whJ.ch is uncont r overte:l . He was employa:1 by the deftmct :t1a.lawi Young p j_oneers as a telephone operator in 1980 . He l ater become a driver and on 27th April, 1992, whilst '2,/ ..... ..... ,._ ..... ; p ! .l,,,.w..l,IJ. ................. , , .•• ~ .. ,111,., • - 2 - he was driving his employer ' s motor veli icle f r om Lilongwe " he got involvErl in an accident . As a result of which accident bis emp layers susperr.1Erl him for a suspension endai m pericxl of 30 months . September > 1994. rlhe l etter of clrarance from During t he suspension> b-.::Ls emp layers bad a skai him. to the Rrnd Traffic get a they Deµ1r tment in relation to the accident so t hat l if t the suspension. Tbat he did but the suspension was not liftBJ. and jnstead in September, 1991:> he Wc3. S a skErl to go to L11ongwe an=I get hi s terminal benefits. 'This -was said to be in view of operation "Bwezani ". The l etter of suspension, exhibit P1" rrnds as f ollows: 11 I writ e t o inform yon t,bat you have been suspendErl f rom lhlawi YounJ Pioneers services wJ_th e ffect from 26th Apr il " 1992 on tbe grourds of beirB invol vErl cm a r rad a cci dent with 1t:1lawi YCTUrB Pioneers vehicle r e_Jistrati on No. 363. I n this respect you are asked to surrerrler all l1alawi Your~r p j_oneers equipment 1nclu:1in:J urrLfoms wh.tch were i s suBi t o you by virtue of your appoir1tment with the movement and obt.ain a C':r0ois Return Voucher from the s tore . Your case will be reviews] upon the i..n:EoTIIBtion from Uotor E:xamt ner arrl Police f irdiI:iqs on the issue. 3/ ..... . ~ .:...~ . ..,_ . J,i MM M s ··r: r mfl lft!llB' fNS¥t 'dMb 'PJl'IH¼? ' JI ''ti ' ' f1 13T I WPl " I lll tilt !I , • ._41 ~ .f "J♦OMt! "t fttM /$ li ' l'ft ' f 7 fl/ ftS llf I H 'I I P JTft IW WlftMi U W -- 3 - By copy of this letter the Chief Accountant/ Sllaries Officer i s askErl to t.ake note an::1 deal accordingly. 11 1he pl a :intif f testifiB:1 tlet after a query from his employers> he did supply them with infonration from J_ns trnd > in 1994, arrl :in the r rnd traf fi c examj_ner. September , he was askru to go to Lilongwe arrl get lits tennmal benef its. He was told that his employer bad been abolishaJ as a result of Operation Bwezani . He got his gratuity a:rrl other termirBl benefits for a perio:i covering 1980 to 1994. Tbe fByment voucher cm which t hese benefits were :FBid is marked exhibit P2. He also testif ia:1 tlB t durlTB the suspenston he was not !Bid any sa1ary arx:1 he cJaiJnal such salary during suspension am also three months notice J=BY. As I said my duty is to assess tbe sa1ary due t o him on suspension and also lLi.s salary in lien of notice. I must say at once tlB t my task bas been TIBde EBsy because t here i s already such computation f rom his employer which als o shows his salary prcgres sion. 1liat From 1s t April, computation ts FBrt of exbjbit, P2. 1992 to 19 April, 1993, hLs salary was K3, 192 per l"rom 1s t April> 1993 to 1st July 1993 it was annum. F'rom 1st July 1993 t o 1st s till K3, 192 per annum. J'larch 1994 > it was K 4, 944 per month. The suspension was with effect from 26th April> 1992. For tlat month the pla :intiff was, therefore, entitlErl to 4/ . .... the p laintj_ f:E was enti tlErl From 1s t tay 1992 to 1s t April, 1993, it is K26 . 61. twelve months arr:1 to K3, 192. 00 from 1st April 1993 to 1st July 1993 it is four mont hs and the plaintiff, at K3,192 per a nnum, was enti t l Erl to a salary of K1064. 00 . From 1st J uly 1993 to the las t day, October 30 1994, it i s 14 months . At K4, 944 per annum it works out to a salary of K5 , 768. 00 . 1here is again the uncontrovertBi evidence tbat for unilateral terminatt on of the contract, the plamtiff was ent i tlEil to three months salary jn l ieu of notice. In 1994, bis :x1l ary was K4, 944. 00 per annum. For three months trot xilary i s Ki , 236 .00. The t otal arrrnrs of Scl1n.ry plus salary 1n lieu of I award tlLis sum to the notice comes t o K11, 286. 61 . plaintiff subject to tax it j_s subject. I a lso award him costs of the action. :MADE IN CHAIBERS this 20th day of tlarch, 1996 , at Blantyre . o DEPUIY RI£L_ IRAR