The respondent’s claim against the appellant in the High Court was for damages for his
remaining leave days up to the date his services were terminated and interest thereon;
exemplary damages for the exceptional treatment given out to him by the appellant
despite his twelve years service and damages for defamation. He also claimed for an
order nullifying the decision of the appellant, Commercial Bank of Malawi (hereinafter
called the Bank) to summarily dismiss him in preference to the normal termination under
the Bank’s conditions of service and finally costs of the proceedings. The judge entered
judgment in favour of the respondent on all his claims except on interest and exemplary
damages. It is against that part of the judgment in favour of the respondent that the
appellant now appeals.
The undisputed facts of the case were that the respondent was employed by Commercial
Bank of Malawi Limited as Supervisor in 1981. He was initially stationed at the Bank’s
Main Branch in Blantyre. Later he rose to the post of Training Officer, Senior Inspector
and then finally Branch Manager. His duty station as Branch Manager was Salima
Commercial Bank Branch. His duties included approving grants of loans to farmers who
were customers of the Bank at that Branch. Most of these farmers were tobacco farmers.
It was the responsibility of the respondent to ensure that the tobacco for which the loans
were given was insured against fire