High Court of Malawi - 2011 November

2 judgments

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2 judgments
Citation
Judgment date
November 2011
Court awarded substantial general damages for false imprisonment; special damages unproven; costs to the plaintiffs.
False imprisonment — assessment of damages — general damages — restitutionio in integrum — length of detention and cell conditions as aggravating factors — special damages must be specifically pleaded and strictly proved — costs follow the event.
24 November 2011
Customary land is communal; court granted the applicant use/occupation and permanent injunction against the respondent.
Customary land – communal ownership; chiefs authorize use and occupation; purported private sale of customary land invalid; burden of proof on balance of probabilities; remedy – permanent injunction, eviction, demolition of post-occupation structures, compensation for pre-existing structures.
1 November 2011