Manyusa v Police Service Commission & Anor. (Civil Cause 101 of 2001) [2003] MWHC 85 (30 November 2003)
The plaintiff is entitled to salary for the remaining period of service, gratuity, pension, and leave grant due to wrongful premature retirement, as established in Chawani v Attorney General.
Source-derived case information.
- Citation
- [2003] MWHC 85
- Parties
- Plaintiff: Mary Mangwiza Manyusa; 1st Respondent: Police Service Commission; 2nd Respondent: Attorney General
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Case Number
- Civil Cause 101 of 2001
- Procedural Posture
- Civil Cause / Order on Assessment of Damages
- Outcome
- Plaintiff awarded damages for wrongful premature retirement.
- Legal Topics
- Wrongful Dismissal, Premature Retirement, Assessment of Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Mangwiza Manyusa
Plaintiff
Police Service Commission
1st Respondent
Attorney General
2nd Respondent
Procedural Posture
Civil Cause / Order on Assessment of Damages
Legal Issues
- 1 Whether the plaintiff is entitled to damages for wrongful premature retirement
- 2 What entitlements are due to the plaintiff as a result of the wrongful retirement
Ratio Decidendi
The plaintiff is entitled to salary for the remaining period of service, gratuity, pension, and leave grant due to wrongful premature retirement, as established in Chawani v Attorney General.
Court Disposition
Plaintiff awarded damages for wrongful premature retirement.
Orders
- Gratuity K415,624.67 awarded to plaintiff
- Pension K114,296.60 awarded to plaintiff
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE NO 101 OF 2001 BETWEEN : MARY MANGWIZA MANYUSA …………………………………….. PLAINTIFF AND POLICE SERVICE COMMISSION…………………………… 1STRESPONDENT ATTORNEY GENERAL ……………………………………….. 2ND RESPONDENT CORAM : M. A. TEMBO, ASSISTANT REGISTRAR Nyimba, Counsel for the plaintiff Attorney General, Absent ORDER ON ASSESSMENT OF DAMAGES This is this Court’s order on assessment of damages pursuant to a judgement of the High Court made by Justice Mkandawire on 6th November,2002. The plaintiff had been wrongfully prematurely retired and she sued the defendant claiming gratuity, pension that would have been dine to her on her normal retirement. She also claimed arrears in salary she would have been entitled to from the time she was prematurely retired up to the time she was supposed to be retired properly. The notice of hearing of this assessment of damages was duly served on the defendant who chose not to make an appearance. That left the plaintiff’s testimony totally unchallenged. This Court heard the evidence of the plaintiff on the entitlements she would have had for the remaining 9 years she would have served had it not been for the wrongful premature retirement. The entitlements are salary for the remaining period of service namely 9 years, gratuity, pension due and leave grant. These entitlements are due to the plaintiff in the circumstances as was clearly cussed in the Malawi Supreme Court of Appeal decision in the case of Chawani v Attorney General MSCA Civil Appeal Number 18 of 2000. The entitlements claimed by the plaintiff are therefore awarded to the plaintiff namely:- Gratuity K415,624.67; Pension K114,296.60; Arrears in salary K2, 354,068.06 and Leave Grant K22,500.00. This gives a total of K2,906,489.27. Should any tax fall due to be deducted on any part of this award such deduction shall be effected in line with the relevant tax statutes. Costs on this assessment are for the plaintiff. Made in Chambers at Blantyre this ………………… December,2003. M. A. Tembo ASSISTANT REGISTRAR