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High Court of Malawi - 1997 January

2 judgments
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2 judgments
January 1997
Ndozo v R (Criminal Appeal 106 of 1996) [1997] MWHC 1 (30 January 1997)
Appeal dismissed: self-defence rejected and provocation unavailable to reduce grievous bodily harm; sentence upheld.
  • Criminal law — Self-defence — Necessity and proportionality — Revenge versus defence; Provocation — Not a defence to grievous bodily harm, only mitigation for sentence; Sentence review — Severity of injuries and incapacitation justify substantial custodial term
30 January 1997
Nkhata and 4 others v The Attorney General and 1 other (Civil Cause 575 of 1993) [1997] MWHC 39 (8 January 1997)
Assessment and apportionment of damages for assault, false imprisonment and malicious prosecution between party and State.
  • Torts — false imprisonment; assault and battery; malicious prosecution; vicarious liability of the State; apportionment of liability between independent tortfeasors; requirement to plead special damages for loss of employment/business.
8 January 1997