The parties in this case are Nasinuku Saukila, as the plaintiff, and the Council of the
University of Malawi, as the defendant. As the facts will show in a moment, there are
two appeals in this matter. The first appeal was filed by the defendant on 2nd May 2000
and the second appeal was filed by the plaintiff on 14th August 2000. To avoid
confusion, we shall refer to the parties by the initial titles rather than as the appellant or respondent The plaintiff was until November 1999 a 4th Year student at the College of Medicine of
the University of Malawi (hereinafter referred to as “the Collegeâ€). Following a
Disciplinary Committee meeting of 13th October 1999, the plaintiff was on 5 th
November 1999 expelled from the College on allegations of misconduct, namely,
drunken-ness, removing and breaking the portrait of the Chancellor of the said University
and removing notices from Notice Boards without permission. It was alleged that these incidents occurred at the Kamuzu College of Nursing in Lilongwe.