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High Court of Malawi - 1997 October

3 judgments
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3 judgments
October 1997
R v Mwanyengamapezi (Confirmation Case 742 of 1997) [1997] MWHC 27 (27 October 1997)
Court increased housebreaking sentence to three years, stressing burglary's seriousness and a six-year sentencing starting point.
  • Criminal law — Burglary/housebreaking — Sentencing principles — Six-year starting point — Mitigating factors: youth, first offender, guilty plea — Concurrent sentences
27 October 1997
Mtila, Mwenda and Mizati v Stagecoach Malawi Limited (Civil Cause 1262 of 1992) [1997] MWHC 37 (24 October 1997)
An employer who procures police to arrest employees without charge is liable for false imprisonment and defamation.
  • False imprisonment — employer-instigated arrest — police acting as agent of employer — lack of reasonable and probable cause; Defamation — publication by conduct — parading employees in handcuffs; Liability where no charge laid.
24 October 1997
Winga v Southern Bottlers Limited (Civil Cause 425 of 1992) [1997] MWHC 36 (16 October 1997)
Plaintiff recovers hire charges where vehicle owner performed hire illegally under s59, but plaintiff lacked knowledge or participation.
  • Road Traffic Act s59 — mandatory third‑party insurance; illegality — ex turpi causa non oritur actio; distinction between illegality in formation and in performance; knowledge and participation required to bar recovery.
16 October 1997