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High Court of Malawi - 1991 December

3 judgments
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3 judgments
December 1991
Chongwe v Nkhonjera (Civil Cause 152 of 1989) [1991] MWHC 2 (21 December 1991)
High Court lacks jurisdiction to order interim payments under UK 1969-based Order 29; parliamentary enactment required.
  • Civil procedure — interim payments — Order 29 rules 11–18 — Rules of the Supreme Court adopted by Courts Act s29 — UK Administration of Justice Act 1969 not applicable in Malawi — inherent jurisdiction insufficient to create statutory remedy.
21 December 1991
National Bank of Malawi v Sumuka Enterprises Limited and 1 other (Civil Cause 560 of 1988) [1991] MWHC 32 (19 December 1991)
19 December 1991
Paulo v Mwakabanga (Civil Cause 759 of 1990) [1991] MWHC 21 (2 December 1991)
Plaintiff suffered severe leg injuries; court required age in pleadings, awarded K2,000 for loss of earning capacity, and noted substantial non‑pecuniary loss.
  • Personal injury — assessment of damages — non‑pecuniary damages (pain and suffering, loss of amenities) — loss of earning capacity — omission of plaintiff’s age in pleadings — use of local comparable awards and multiplier/multiplicand approach.
2 December 1991