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High Court of Malawi - 1993 October

4 judgments
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4 judgments
Citation
Judgment date
October 1993
Leopard Development Limited v Kassam Jooma t/a Transkass Transport (Civil Cause 706 of 1993) [1993] MWHC 32 (25 October 1993)
Whether an applicant's affidavit discloses factual grounds for a defence on the merits is decisive in setting aside a default judgment.
Civil procedure – Setting aside default judgment – Primary consideration is whether affidavit discloses a defence on the merits by raising facts from which a triable issue can be inferred; mere allegations (fraud, denial, payment, illegality) without factual particularity are insufficient; instalment orders do not necessarily amount to approbation; court may permit supplementary affidavit.
 25 October 1993
Momba v Milanzi (Civil Cause 943 of 1989) [1993] MWHC 1 (19 October 1993)
Assessment and award of general damages for severe, permanently disabling injuries to a young student, including disfigurement and loss of earning capacity.
Damages — personal injury — assessment of general damages (pain and suffering, loss of amenities) — disfigurement — loss of earning capacity — medical evidence of permanent incapacity — young student; multiplier/multiplicand approach inappropriate.
 19 October 1993
White v Kaondo and National Insurance Company Ltd (Civil Cause 953 of 1992) [1993] MWHC 8 (19 October 1993)
Whether the applicant-insurer can be sued directly by the plaintiff passenger under section 65(A) when policy excludes passengers.
Road Traffic Act s65(A) — direct action by third-party against insurer; sections 61 and 62 — policy requirements and passenger exclusion; privity of contract; insurer removed as party under Order 6 r.2.
 19 October 1993
Dziko v Portland Cement and Royal International Insurance (Civil Cause 728 of 1992) [1993] MWHC 9 (14 October 1993)
Insurer struck out where plaintiff failed to plead a Part 5 policy or statutory right of direct action under Section 65(A).
Road Traffic Act – definition of "road" includes railway line for Act purposes; "vehicle" vs "motor vehicle" distinction – pushing trolley may not be a "motor vehicle"; insurer liability – direct action against insurer requires a Part 5 policy or a statutory right under Section 65(A); procedural – striking out an erroneously joined defendant under Order 15 r.6(2).
 14 October 1993