Counsel for the appellant, Malawi Railways Limited, filed eighteen grounds of appeal
which were classified into six categories when being argued. The following are the
classified categories:
 i) pleading and implication of terms;
ii) whether the existence of a pension scheme would tie the hands of the appellant in
such a way that despite the existence of a term giving each party the right to terminate the
contract on a month’s notice and without assigning any reason, the employment of the
respondent could only be terminated on good grounds;
iii) whether the Judge was right in finding that the appellant owed a duty of care in tort
and that the appellant breached that duty;
iv) whether the appellant breached its contract with the respondent by terminating the
respondent’s services and refusing to give him full retirement benefits;
 v) the award of damages;
vi) the judgment is contrary to law