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High Court of Malawi - 2017 September

8 judgments

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8 judgments

Citation	Judgment date
September 2017
Chibwana v Phiri (Personal Injury 659 of 2013) [2017] MWHC 138 (26 September 2017) The defendant’s driver breached his duty by speeding and failing to keep proper lookout, causing the child’s fatal injuries and entitling the plaintiff to judgment. Road traffic – duty of care of driver – keep proper lookout and drive at speed permitting stopping; excessive speed as negligence; causation in fatal pedestrian collision; civil burden of proof (balance of probabilities); wrongful death – loss of expectation of life and dependency; assessment of damages remitted to Registrar.	26 September 2017
Yona Kamtwera v Masters Security Services (Civil Cause 1167 of 2016) [2017] MWHC 878 (12 September 2017) Assessment of damages for 40-hour false imprisonment: court awards K800,000 for non-pecuniary harm and costs. Tort — False imprisonment — Assessment of damages — Non-pecuniary loss: loss of liberty, indignity, mental suffering and injury to reputation — Factors: duration and conditions of detention — Use of comparable awards and adjustment for currency devaluation — Costs to be taxed if not agreed.	12 September 2017
Fredrick v Crown Agro Industries & Anor. (Personal Injury 1007 of 2015) [2017] MWHC 137 (11 September 2017) A general denial was not struck out because it raised a triable issue of negligence and thus disclosed a reasonable defence. Civil procedure – Striking out pleadings – Order 18 r19(1)(a) – "No reasonable defence" test – Reasonable defence = some chance of success on pleadings – General denials and particulars – Triable issue of negligence – Request for further particulars.	11 September 2017
Mkandawire & Anor. v Tropha Estate Limited & Anor. (Civil Cause 142 of 2017) [2017] MWHC 819 (11 September 2017) Mediator found the proposed pump site within road-reserve/buffer-zone intersection; construction confined there not violating plaintiffs' customary rights. Land law – customary land v public land – road reserve and river buffer zone intersection – Waterworks Act s.6 – entitlement to injunctive relief where works extend onto customary land.	11 September 2017
Business Finance Ltd v Monolux Paints :td & Anor. (Civil Cause 398 of 2013) [2017] MWHC 140 (8 September 2017) Where facts are in dispute, originating summons is inappropriate; matter ordered to proceed by writ with each party bearing own costs. Civil procedure – originating summons v. writ – substantial factual disputes render originating summons inappropriate; application to re-commence by writ and amend parties; Order 5 r.4 and Order 29/8 RSC; costs — each party to bear own costs.	8 September 2017
Chingwale NO v Electricity Supply Corporation of Malawi (Personal Injury 691 of 2014) [2017] MWHC 139 (7 September 2017) Court dismissed the defendant's appeal for want of prosecution due to inordinate, inexcusable delay prejudicing a fair trial. Civil procedure — dismissal for want of prosecution; inordinate and inexcusable delay; prejudice to fair trial; public policy favoring finality in litigation.	7 September 2017
Kennedy v Blantyre International University & Anor. (Civil Cause 495 of 2016) [2017] MWHC 829 (5 September 2017) A challenge to a public body's accreditation decision must be brought by judicial review, not by originating summons. Judicial review v. ordinary action – mode of commencement – public body exercising statutory functions – Order 53 RSC – wrong mode of commencement – conversion not permitted – striking out proceedings – interlocutory injunction vacated.	5 September 2017
Ndindi v Chatuluka & Anor. (Misc. Cause 60 of 2016) [2017] MWHC 846 (1 September 2017) Application for interim injunction to restrain recognition of acting village headman dismissed for lack of triable issues and urgency. Interlocutory injunctions – requirement of triable issues and urgency – administrative suspension and acting appointment – remedy by full hearing.	1 September 2017

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