High Court of Malawi - 2020 October

17 judgments

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17 judgments
Citation
Judgment date
October 2020
30 October 2020
27 October 2020
27 October 2020
26 October 2020
23 October 2020
21 October 2020
20 October 2020
Assessment of damages for serious leg fractures: general damages awarded; special damages not proved; prior payment deducted.
Assessment of damages – Personal injury – pain and suffering, loss of amenities of life, disfigurement – reliance on comparable awards and inflation adjustments – special damages must be strictly pleaded and proved – deduction of prior insurer payment – leave to appeal granted.
16 October 2020
Assessment of wrongful‑death damages: loss of expectation of life, dependency calculation, and failure to prove special damages.
Assessment of damages – wrongful death – loss of expectation of life; loss of dependency – multiplicand and multiplier method; deduction of one‑third for personal expenses; life expectancy as multiplier basis; special damages require strict proof; adjustment for currency devaluation; default judgment assessment.
16 October 2020
Assessment of damages for catastrophic spinal injury: awards for pain, disfigurement and future care; no income or special damages.
Personal injury — assessment of damages — catastrophic spinal cord injury causing paraplegia — awards for pain and suffering, loss of amenities and disfigurement — future treatment and nursing care — loss of future earnings denied for lack of proof — special damages not proved — use of comparative awards and inflation adjustments.
16 October 2020
Assessment of personal injury damages; awards for pain, loss of amenities, and dismissal of unproven special damages.
Assessment of damages – personal injury – pain and suffering; loss of amenities of life; special damages require strict proof; use of comparative awards and adjustment for currency devaluation.
16 October 2020
Assessment of damages for wrongful death: entitlement, dependency calculations, and proof of special damages.
Damages assessment — wrongful death following road accident — entitlement of claimant lacking letters of administration — loss of expectation of life; loss of dependency (multiplicand, multiplier and 2/3 factor); special damages and proof; admissibility of receipts made out to employer/association.
16 October 2020
14 October 2020
13 October 2020
Court awarded aggravated damages to the claimants for defamatory newspaper publication and ordered the defendant to pay costs.
Defamation (libel) – aggravated damages – assessment factors: content and extent of publication, plaintiffs' standing and reputational harm, defendant's conduct (failure to retract/settle, pursuit of sensational publication), comparable awards and currency value adjustment; costs awarded to successful claimants.
12 October 2020
1 October 2020
1 October 2020