High Court of Malawi - 2010 February

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2 judgments

Citation	Judgment date
February 2010
John Kaidoke v Demeter Agriculture Ltd (3284 of 2006) [2010] MWHC 24 (28 February 2010) The court dismissed the applicant’s false imprisonment claim for insufficient evidence and ordered each party to bear own costs. Tort – False imprisonment – Whether claimant was unlawfully detained while serving process – assessment of credibility and applicant admissions – evidence inconclusive; costs: each party to bear own costs; suggestion of mediation.	28 February 2010
R v Austin Limula Eliya (Confirmation Case No. 480 of 2010) [2010] MWHC 15 (28 February 2010) Conviction for defilement of a minor confirmed and sentence increased due to respondent’s deliberate HIV‑positive status and aggravating conduct. Criminal law – Confirmation of conviction – Sentence enhancement on confirmation; Defilement/indecent assault of a minor; HIV‑positive status of accused as aggravating factor; Medical examination of victims even after bathing.	28 February 2010