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High Court of Malawi - 1997 August

3 judgments
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3 judgments
August 1997
R v Nangwiya (Confirmation Case 608 of 1997) [1997] MWHC 18 (25 August 1997)
Court held magistrate's burglary and theft sentences unduly lenient and increased them on review.
  • Criminal law — Sentencing review — burglary and theft — conviction supported by confession — sentencing principles: nature of offence, offender’s circumstances, victim impact, public interest — post‑Chizumila higher starting point for burglary but scalable for mitigation
25 August 1997
Malinda and 1 other v The Attorney General (Civil Cause 1206 of 1993) [1997] MWHC 40 (14 August 1997)
Plaintiff awarded K75,000 for 36 days' unlawful imprisonment; no punitive damages; defendants to pay costs.
  • Tort — False/unlawful imprisonment; assessment of general damages for detention; impact of currency devaluation on quantum; absence of evidence for punitive/aggravated damages; alternative pleading and absence of defence affecting apportionment of liability.
14 August 1997
Manyungwa v Stagecoach (Mw) Limited (Civil Cause 825 of 1990) [1997] MWHC 38 (13 August 1997)
Strike-out on Limitation Act grounds denied where neither party filed evidence on whether the claim was time-barred.
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13 August 1997