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Citation
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Judgment date
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| December 2018 |
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Assessment awarded K2.5M for pain and suffering, K800k for disfigurement; special damages not proved, total K3.3M.
Motor vehicle accident – radiator explosion causing scalding burns – assessment of damages – pain and suffering and loss of amenities – disfigurement – strict proof required for special damages – default judgment enforceable after failure to set aside.
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27 December 2018 |
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Assessment of damages for motor-vehicle negligence awarding pain, disfigurement, and loss of future earning capacity.
Motor vehicle negligence — quantum assessment post-default judgment — pain and suffering and loss of amenities; disfigurement; loss of earning capacity — use of statutory minimum wage as multiplicand; multiplier based on life expectancy.
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27 December 2018 |
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Assessment of personal injury damages: awards for pain, disfigurement, lost earning capacity and special damages.
Personal injury — Assessment of damages — Pain and suffering and loss of amenities — Disfigurement — Loss of earning capacity (multiplicand and multiplier) — Special damages — Default judgment fixing liability.
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27 December 2018 |
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Assessment of damages after road-traffic injuries: awards for pain and suffering, disfigurement, and loss of earnings totaling K10,509,600.00.
Road traffic accident — assessment of damages — pain and suffering and loss of amenities — disfigurement — loss of earning capacity — multiplier method using minimum wage multiplicand — 27% permanent incapacity.
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27 December 2018 |
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Assessment awarded K3,640,000 for loss of use/profits plus interest (18.75%) and costs, based on uncontested daily earnings.
Damages — loss of use and profits of a profit-earning chattel; proof and particularisation of special damages; assessment by average daily earnings; admissibility and weight of unauthenticated business records; discretionary award of interest under Courts Act s.11; interest rate applied (18.75% prevailing in 2009).
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27 December 2018 |
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Assessment of damages for passenger injured in collision: awards for pain, disfigurement and actual lost earnings; no award for loss of earning capacity.
Negligence — assessment of damages after liability determined by default judgment — heads: pain and suffering, loss of amenities, disfigurement, loss of earnings and loss of earning capacity — reliance on comparable awards and claimant's credibility; minimum wage used for actual loss calculation.
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27 December 2018 |
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An application for a limited grant for death gratuity was dismissed for failure to produce the Estate Duty Commissioners’ certificate and inconsistent documents.
Probate law – Mandatory documents for grants – Section 34 Deceased Estates Act and section 33 Estate Duty Act – Certificate of Secretary to Estate Duty Commissioners required; Death gratuity and estate duty – partial exemption insufficient; Consistency of application documents – limited grant vs administration of entire estate.
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21 December 2018 |
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Assessment of damages for minor’s personal injuries; award K3,950,000 for pain, loss of amenities and disfigurement.
Personal injury — Assessment of damages — Quantification of pain and suffering, loss of amenities and disfigurement — Restitution in integrum — Use of comparable local authorities.
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21 December 2018 |
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Corroboration of unsworn child evidence may be circumstantial; medical reports under s.180 can prove age, and teacher defilement attracts severe sentences.
Criminal law – Defilement – Corroboration of unsworn child evidence by circumstantial indicators; Medical report admissible under s.180 to prove age; Teacher–pupil relationship as aggravating factor in sentencing.
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20 December 2018 |
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Claimant awarded K6,003,000 for pain, suffering, loss of amenities, and assessment hearing costs after motor accident.
Personal injury — assessment of damages — quantum for pain and suffering and loss of amenities — use of comparable cases — restitutio in integrum — special damages and costs of assessment hearing.
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13 December 2018 |
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13 December 2018 |
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An interlocutory injunction granted after inter partes hearing must be challenged by appeal, not by a variation application to the same court.
Civil procedure — Interlocutory injunction — preservation of status quo — variation or discharge after inter partes hearing — procedure: appeal required, not application under Order 10 r4; Courts (High Court) (Civil Procedure) Rules Orders 10 and 14.
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12 December 2018 |
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Bail granted where lawful custody limit had expired and the State failed to prove flight risk or case strength by affidavit.
Criminal procedure — Bail — interest of justice — flight risk — requirement for affidavit evidence on case strength — expiry of lawful custody under s161 CP&EC — constitutional considerations on detention.
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12 December 2018 |
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11 December 2018 |
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Assessment of damages for personal injury, deformity, loss of vehicle use and inconvenience; total award K4,175,000.
Personal injury — assessment of damages — pain and suffering, disfigurement and loss of amenities — loss of use of motor vehicle — proof by hire receipts — quantum guided by comparable authorities.
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10 December 2018 |
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Assessment of damages for personal injury after default judgment; claimant awarded K3,500,000 for pain, suffering and disfigurement.
Personal injury – assessment of damages – default judgment – injuries including left ankle dislocation, deep laceration with exposed bone and permanent scarring – pain and suffering, loss of amenities and disfigurement – use of comparable precedents and currency devaluation in fixing quantum.
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10 December 2018 |
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Whether a seizure and sale order may be suspended pending an application to set aside a regular default judgment.
Civil procedure — Enforcement — Suspension of seizure and sale under Order 28 r 48 — Application ancillary to substantive set-aside application — Requirement to show defence on merits — Rules on irregularity (Order 2 r 1 and r 3) — Sheriff execution and fees — Costs order.
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10 December 2018 |
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Summary judgment refused where insurer presented a bona fide defence alleging claimant's contributory negligence; mediation ordered.
Civil procedure — Summary judgment (Order 12 r.23 CPR 2017) — Bona fide defence — Contributory negligence — Joint defence — Mediation ordered.
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10 December 2018 |
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Default judgment set aside because defendant raised an arguable defence despite failing to show reasonable cause.
Civil procedure – setting aside default judgment – requirements of reasonable cause and meritorious defence – meritorious defence requires an arguable/triable issue – failure to show reasonable cause not decisive where defence on merits is shown.
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7 December 2018 |
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Application for extension of time properly granted; garnishee order absolute set aside as against the 10th garnishee and garnishee discharged.
Civil procedure – Garnishee proceedings – Application to set aside garnishee order absolute – Application for extension of time under Order 3 r 5 and inherent jurisdiction – Review of court’s own order – Requirements for sworn statement explaining delay – Costs.
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7 December 2018 |
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Appeal dismissed: trial court properly accepted oral sales evidence and correctly computed amount owed after shortages and profit offset.
Contract/business venture — Sale and accounting of commodity — Evidence admissibility where documentary receipts lost — Appellate rehearing — Calculation of shortage, expenses, profit share and offsetting.
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5 December 2018 |
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Subordinate courts lack jurisdiction over ownership or possession disputes in non-customary leased land; such proceedings are nullities.
Civil procedure – jurisdiction of subordinate courts – s.39 Courts Act – ownership/possession of non-customary leased land – s.156 Registered Land Act – proceedings in a court without jurisdiction are nullities – set aside and fresh suit in High Court.
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5 December 2018 |
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Assessment of damages for wrongful death: MK 1,500,000 for life expectancy and MK 3,168,000 for dependency, plus costs.
Damages — Wrongful death — Assessment of loss of expectation of life; Loss of dependency — multiplicand and multiplier method; one‑third deduction for personal needs; use of comparative awards.
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4 December 2018 |
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3 December 2018 |
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Assessment of personal injury damages where an unreliable medical report was rejected and award capped by insurer's policy limit.
Personal injury — assessment of damages; credibility of medical evidence — unreliable medical report rejected; ongoing disability after femoral fracture and surgery; quantum guided by comparable cases and capped by insurer's policy limit.
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3 December 2018 |
| November 2018 |
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Court upheld magistrate's division of matrimonial property and ordered appellant to compensate for sold or missing items.
Family law – division of matrimonial property – appeal by re‑hearing – credibility and witness demeanour – alleged disposal of assets during marriage – compensation for sold or missing matrimonial property.
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28 November 2018 |
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Whether a defence allowed after setting aside default judgment is res judicata and whether CPR and document formalities apply.
Civil procedure — setting aside default judgment — merits of defence reserved, not res judicata or issue estoppel; CPR Order 35 applicability to new steps in existing proceedings; Order 24 document formalities; Order 2 irregularity not a nullity; regularization order and costs.
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28 November 2018 |
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Court directed the District Lands Officer to demarcate the disputed boundary, creating a four‑metre path and disallowing new evidence.
Land law – boundary demarcation – magistrate's intended site visit – direction to District Lands Officer to effect demarcation – no new evidence – four‑metre path (two metres each side).
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28 November 2018 |
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The appellate court set aside a magistrate's eviction order for misdirection and ordered a retrial on the customary land dispute.
Land law — customary land dispute; appellate review — rehearing and misdirection; relevance of evidence; retrial ordered where judgment unsupported by relevant findings.
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28 November 2018 |
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Court found driver negligent for overspeeding, insurer liable; claimant awarded reliefs and costs, damages to be assessed within 14 days.
Road traffic accident — passenger injuries — driver negligence due to over‑speeding — insurer liability — uncontested medical and police evidence — damages assessment.
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27 November 2018 |
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Employer's failure to supply protective footwear breached statutory and common-law duty and caused compensable injury.
Occupational safety — employer duty to provide protective clothing — failure to provide gumboots — negligence and causation — damages for pain and suffering; no award for loss of amenities or assessed incapacity.
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27 November 2018 |
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Court apportioned 70% negligence to the driver, 30% contributory negligence to the cyclist; insurer liable accordingly.
Motor vehicle accident — negligence — contributory negligence — apportionment 70% driver, 30% cyclist — insurer liable to extent of driver's fault subject to policy limit — costs and damages assessment ordered.
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27 November 2018 |
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Court granted interim access to home and belongings, ordered temporary accommodation and a vehicle, and maintained interim custody with specified visitation.
Family law – Interim relief in divorce proceedings – Matrimonial home, disputed tenancy and interim occupation; Interim accommodation orders; Interim possession of belongings; Interim vehicle provision pending ownership determination; Child custody – best interests principle, need for social report and child interviews; Visitation rights; Parties to communicate via legal representatives; Costs in the cause.
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26 November 2018 |
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Judicial review struck out for non-prosecution despite serious procedural failures by the Disciplinary Committee.
Judicial review – striking out for want of prosecution (Order 12 r56); disciplinary procedure – requirement of disciplinary hearing before recommendation to Attorney General (Rules 15–16; s.10 Commissions of Inquiry Act); legitimate expectation to be charged and heard; parties’ failure to file settlement agreement; rebuke of counsel.
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26 November 2018 |
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Assessment of damages for personal injury after admitted liability, fixing quantum for pain, disfigurement, special damages and costs.
Personal injury — Assessment of damages after admitted liability — Pain and suffering, loss of amenities, disfigurement — Use of medical evidence, permanent incapacity rating and comparable local authorities — Restitutio in integrum — Special damages and costs awarded.
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22 November 2018 |
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Conviction for theft by conversion upheld; sentence reduced due to trial court's impermissible sentencing considerations.
Criminal law – Theft by conversion – Lawful initial possession can be converted into theft by subsequent dishonest acts (failure to return, dismantling parts).; Sentencing – Appellate interference where sentence is based on wrong principles or manifestly excessive.; Sentencing principles – Family conduct and ability to afford counsel are irrelevant and impermissible considerations in sentencing.
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21 November 2018 |
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Applicant detained long on remand for homicide granted bail with strict conditions to secure attendance at trial.
Criminal procedure – Bail – Prolonged remand on homicide charge – Bail granted in interest of justice – Conditions: cash deposit, bonded sureties, periodic police reporting, travel restrictions, surrender of travel documents – statutory basis: s16(6) Statute Laws (Misc. Prov.) Act; s115 Criminal Procedure and Evidence Code; s42(2)(e) Constitution
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19 November 2018 |
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19 November 2018 |
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Assessment of damages after admitted liability: quantum for pain, disfigurement, inadequately proven special damages, and costs.
Assessment of damages — restitution in integrum — awards for pain and suffering, loss of amenities and disfigurement — special damages must be specifically pleaded and strictly proven — costs follow the event.
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19 November 2018 |
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Section 337 is discretionary; 14-year defilement sentence reduced to 11 years due to sentencing considerations.
Criminal law – Defilement – Section 337 Criminal Procedure and Evidence Code is discretionary, not mandatory – Sentencing guidelines for defilement; victim age, breach of trust and threats as aggravating factors – Reduction of sentence from 14 to 11 years.
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16 November 2018 |
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Whether a restoration order's costs covered the whole action; appropriate counsel hourly rate and standard-basis taxation.
Civil procedure — Taxation of costs — Whether costs awarded on restoration order relate to whole action — Longhand judicial order prevails over counsel-drafted printed form — Counsel hourly rate — Standard basis taxation — Principles under Order 31 rules (Courts (High Court) (Civil Procedure) Rules 2017).
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16 November 2018 |
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Court extended time for judicial review but refused interlocutory injunction to prevent village-splitting, prioritising peace and statutory chiefs' powers.
Judicial review — time limits and discretionary extension of time; interlocutory injunction — good arguable case, balance of convenience, adequacy of damages; Chiefs Act — exercise of statutory powers to split villages to avert hostilities.
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13 November 2018 |
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The plaintiff was awarded damages after the defendant driver negligently hit a signaling cyclist; the insurer held liable.
Road traffic negligence — driver’s duty of care to other road users — failure to observe cyclist’s signal — causation of death — insurer vicarious liability — damages for loss of expectation of life and loss of dependency; assessment by Registrar.
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12 November 2018 |
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Assessment of damages for serious personal injuries after admitted liability, with a K6,000,000 award and costs.
Personal injury — assessment of damages — pain and suffering, loss of amenities and deformity; fractures and haemothorax with permanent impairment — use of comparable precedent awards — consent judgment on liability — failure of defendant to file evidence before assessment.
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12 November 2018 |
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Court taxed party's costs at K4,665,161.25 after reducing excessive time claims and disbursements, fixing counsel rate at K15,000.
Costs — Taxation of bill — Malawi Law Society rate recommendations persuasive but not binding — Hourly rate fixed at K15,000 — Reductions to claimed times and disbursements — Instruction and refresher fees allowed — Court exercises discretion under Order 31.
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12 November 2018 |
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Conviction quashed where prosecution failed to prove guilt beyond reasonable doubt and relied on mere suspicion and status.
Criminal law – Insufficiency of evidence – Burden of proof beyond reasonable doubt – Aiding and abetting – Status or association not proof of guilt – Conviction cannot rest on suspicion.
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8 November 2018 |
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Nuisance claim dismissed; defendant partly negligent for reservoir drainage failure and liability apportioned 50:50.
Tort — negligence and nuisance — duty to control water from reservoir — failure to plead particulars of nuisance — causation and apportionment of liability — res ipsa loquitur inapplicable.
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7 November 2018 |
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Interlocutory injunction continued where defendants failed to justify serious conspiracy allegations despite free-speech considerations.
Defamation — Interim injunctions — Bonnard v Perryman principle; justification plea — burden to adduce evidence of truth — balancing freedom of expression and individual dignity; sub judice/contempt not exclusive remedy.
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7 November 2018 |
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Summary judgment refused where defendant’s specific denials were adequate and strike-out, not summary judgment, was the proper remedy.
Civil procedure — Summary judgment (Order 12 r23(1)) — General denial and pleading obligations (Order 7 rr6–7) — When defendant must plead alternative facts — Strike-out for non-compliance (Order 2 r3) — Standard for summary judgment (realistic prospect).
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7 November 2018 |
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Court awarded K5,000,000 for pain, suffering, loss of amenities and disfigurement; insurer's policy limit irrelevant at assessment.
Personal injury — Assessment of damages — Pain and suffering, loss of amenities and disfigurement — Leg shortening 3cm — Insurance policy limit and prior payments not relevant at assessment stage — Award of K5,000,000.
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6 November 2018 |