Skip to document content Skip to main menu Skip to search

High Court of Malawi - 2017 July

9 judgments

Advanced search

Court registries

All years

All months

Sort by:

9 judgments

Citation	Judgment date
July 2017
Jabes Emmanuel v General Alliance Insurance Limited (Civil Cause 458 of 2016) [2017] MWHC 873 (27 July 2017) Mediation disclosures are privileged and Order 14 RSC summary judgment remains available despite repeal of section 29. Mediation privilege — inadmissibility of mediation communications and documents; Summary judgment — continued applicability of Rules of the Supreme Court after repeal of section 29; General Interpretation Act — effect of repeal on subsidiary legislation.	27 July 2017
Jabes Emmanuel v General Alliance Insurance Ltd (Civil Cause 458 of 2016) [2017] MWHC 870 (27 July 2017) Whether mediation communications are privileged and whether Order 14 RSC summary judgment remains applicable. Mediation privilege – Rule 15 Courts (Mandatory Mediation Rules) 2004 – documents disclosed to or created during mediation inadmissible; Applicability of Rules of the Supreme Court post-repeal of section 29 Courts Act – effect of General Interpretation Act ss.13 and 14(1)(e); Summary judgment – Order 14 RSC.	27 July 2017
Nyalugwe v Prime Insurance Company Limited (Personal Injury 416 of 2013) [2017] MWHC 107 (26 July 2017) Court awarded damages for wrongful death including loss of expectation of life, dependency, funeral expenses and costs. Assessment of damages – wrongful death – loss of expectation of life; loss of dependency – multiplicand and multiplier where earnings unproven; special damages require proof but reasonable compensation may be awarded; funeral expenses and costs.	26 July 2017
State v Director of Anti- Corruption Bureau Exparte Tayub and 4 Others (Judicial Review Cause 29 of 2017) [2017] MWHC 912 (19 July 2017) Leave to review Anti-Corruption Bureau investigations denied; investigations lawfully justified, no bad faith or prosecutorial decision. Judicial review — Leave to apply — Prosecutorial and investigative discretion of Anti-Corruption Bureau — Reasonableness and bad faith — Delay and three-month rule — Prematurity of challenge to non-existent prosecutorial decision — Right to economic activity and investigative delay.	19 July 2017
Kachisi & Anor. v United General Insurance Company Limited (Personal Injury 87 of 2017) [2017] MWHC 134 (14 July 2017) Assessment of damages after a pedestrian road accident: quantum for pain, amenities, earning capacity, disfigurement, and special damages. Assessment of damages – personal injury – quantum for pain and suffering, loss of amenities, loss of earning capacity and disfigurement; necessity of medical evidence and proof of pre-accident earnings; admissibility of police reports; reliance on comparable awards and consideration of inflation.	14 July 2017
Harrison & Anor. v Mota Engil Engenharia Malawi (Civil Cause 6 of 2014) [2017] MWHC 824 (10 July 2017) Stay of execution granted pending appeal because plaintiffs are impecunious and the appeal risks being rendered nugatory. Civil procedure – Stay of execution pending appeal – Onus on applicant to show special circumstances or risk of appeal being rendered nugatory – Impecuniosity of judgment creditors – Assessment of damages – Inter partes v ex parte applications – Costs and sheriff fees.	10 July 2017
Liston v General Alliance Insurance (Civil Cause 124 of 2015) [2017] MWHC 822 (10 July 2017) Application to strike out defence dismissed; defence raises triable issues and contributory negligence may apply to minors. Civil procedure – striking out pleadings – Order 18 r.19 RSC; frivolous, vexatious or scandalous defences; contributory negligence of minors – standard of the ordinarily prudent child; evidentiary weight of police reports; inordinate delay in strike‑out applications.	10 July 2017
Liston v General Alliance Insurance Limited (Civil Cause 124 of 2015) [2017] MWHC 826 (10 July 2017) Strike-out application dismissed; defence raises triable issues and contributory negligence can apply to minors depending on age. Civil procedure — strike-out — Order 18 r.19(1) — frivolous/vexatious pleadings — police report not conclusive — contributory negligence and minors — promptness of application.	10 July 2017
Kasambala & Ors. v Ngozo (Civil Cause 1427 of 2015) [2017] MWHC 835 (1 July 2017) General Interpretation Act preserves repealed law and subsidiary Rules, so the Rules of the Supreme Court remain operative and the preliminary objection is dismissed. Statutory interpretation — Courts (Amendment) Act 2016 — General Interpretation Act (ss.13, 14(1)) — effect of repeal on subsidiary legislation — Rules of Supreme Court remain operative — summary judgment procedure preserved.	1 July 2017

1