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High Court of Malawi - 1997 May

2 judgments
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2 judgments
May 1997
Namata v Attorney General (Civil Cause 658 of 1993) [1997] MWHC 13 (22 May 1997)
Trespass destroyed a partly built house; damages set at increased rebuilding cost (K115,806) plus K10,000 aggravated damages, interest to run at 1% above lending rate.
  • Property law — Trespass — Measure of damages for destruction of building — Replacement cost and timing where rebuilding costs rise; consequential loss and avoidance of double recovery; recoverability of interest on mortgage advances; aggravated damages for improper State action
22 May 1997
R v Njewa (Confirmation Case 1073 of 1996) [1997] MWHC 12 (7 May 1997)
Theft conviction set aside where respondent’s apparent claim of right and lack of proven dishonesty rendered the conviction unsafe.
  • Criminal law — Theft — elements of theft under s.271 (fraudulently and without claim of right) — Claim of right negating theft — Dishonesty test in R v Ghost (objective standard then defendant’s appreciation) — Conviction unsafe where mental element not proved
7 May 1997